[House Report 108-773]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-773
======================================================================
 
 MAKING APPROPRIATIONS FOR MILITARY CONSTRUCTION, FAMILY HOUSING, AND 
  BASE REALIGNMENT AND CLOSURE FOR THE DEPARTMENT OF DEFENSE FOR THE 
     FISCAL YEAR ENDING SEPTEMBER 30, 2005, AND FOR OTHER PURPOSES

                                _______
                                

                October 9, 2004.--Ordered to be printed

                                _______
                                

   Mr. Knollenberg, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 4837]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
4837) ``making appropriations for military construction, family 
housing, and base realignment and closure for the Department of 
Defense for the fiscal year ending September 30, 2005, and for 
other purposes,'' having met, after full and free conference, 
have agreed to recommend and do recommend to their respective 
Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Construction 
Appropriations and Emergency Hurricane Supplemental 
Appropriations Act, 2005''.

SEC. 2. REFERENCES.

    Except as expressly provided otherwise, any reference to 
``this Act'' contained in any division of this Act shall be 
treated as referring only to the provisions of that division.

       DIVISION A--MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2005

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated for military 
construction, family housing, and base realignment and closure 
functions administered by the Department of Defense, for the 
fiscal year ending September 30, 2005, and for other purposes, 
namely:

                      Military Construction, Army

                        (INCLUDING RESCISSIONS)

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently 
authorized by law, including personnel in the Army Corps of 
Engineers and other personal services necessary for the 
purposes of this appropriation, and for construction and 
operation of facilities in support of the functions of the 
Commander in Chief, $1,981,084,000, to remain available until 
September 30, 2009: Provided, That of this amount, not to 
exceed $156,999,000 shall be available for study, planning, 
design, architect and engineer services, and host nation 
support, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons 
therefor: Provided further, That of the funds appropriated for 
``Military Construction, Army'' under Public Law 107-249, 
$7,276,000 are rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Army'' under Public 
Law 107-64; $3,924,000 are rescinded: Provided further, That of 
the funds appropriated for ``Military Construction, Army'' 
under Public Law 106-246, $7,776,000 are rescinded.

              Military Construction, Navy and Marine Corps

                         (INCLUDING RESCISSION)

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, naval installations, 
facilities, and real property for the Navy and Marine Corps as 
currently authorized by law, including personnel in the Naval 
Facilities Engineering Command and other personal services 
necessary for the purposes of this appropriation, 
$1,069,947,000, to remain available until September 30, 2009: 
Provided, That of this amount, not to exceed $90,830,000 shall 
be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary 
of Defense determines that additional obligations are necessary 
for such purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the reasons 
therefor: Provided further, That of the funds appropriated for 
``Military Construction, Navy'' under Public Law 108-132, 
$24,000,000 are rescinded.

                    Military Construction, Air Force

                         (INCLUDING RESCISSION)

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently 
authorized by law, $866,331,000, to remain available until 
September 30, 2009: Provided, That of this amount, not to 
exceed $130,711,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by 
law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That 
of the funds appropriated for ``Military Construction, Air 
Force'' under Public Law, 108-106, $21,800,000 are rescinded.

                  Military Construction, Defense-Wide

             (INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)

    For acquisition, construction, installation, and equipment 
of temporary or permanent public works, installations, 
facilities, and real property for activities and agencies of 
the Department of Defense (other than the military 
departments), as currently authorized by law, $686,055,000, to 
remain available until September 30, 2009: Provided, That such 
amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations 
of the Department of Defense available for military 
construction or family housing as the Secretary may designate, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided further, That of the amount 
appropriated, not to exceed $62,800,000 shall be available for 
study, planning, design, and architect and engineer services, 
as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations of both 
Houses of Congress of the determination and the reasons 
therefor: Provided further, That of the funds appropriated for 
``Military Construction, Defense-Wide'' under Public Law 107-
249, $16,737,000 are rescinded: Provided further, That of the 
funds appropriated for ``Military Construction, Defense-Wide'' 
under Public Law 107-64, $6,000,000 are rescinded.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Army National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$446,748,000, to remain available until September 30, 2009.

               Military Construction, Air National Guard

                         (INCLUDING RESCISSION)

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Air National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$243,043,000, to remain available until September 30, 2009: 
Provided, That of the funds appropriated for ``Military 
Construction, Air National Guard'' under Public Law 108-132, 
$5,000,000 are rescinded.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $92,377,000, to remain available until 
September 30, 2009.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the reserve components of the Navy and Marine 
Corps as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, 
$44,246,000, to remain available until September 30, 2009.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, 
and conversion of facilities for the training and 
administration of the Air Force Reserve as authorized by 
chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $123,977,000, to remain 
available until September 30, 2009.

                   North Atlantic Treaty Organization

                      Security Investment Program

                         (INCLUDING RESCISSION)

    For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Program for 
the acquisition and construction of military facilities and 
installations (including international military headquarters) 
and for related expenses for the collective defense of the 
North Atlantic Treaty Area as authorized by section 2806 of 
title 10, United States Code, and Military Construction 
Authorization Acts, $165,800,000, to remain available until 
expended: Provided, That of the funds appropriated for ``North 
Atlantic Treaty Organization Security Investment Program'' 
under Public Law 108-132, $5,000,000 are rescinded.

                   Family Housing Construction, Army

                         (INCLUDING RESCISSION)

    For expenses of family housing for the Army for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$636,099,000, to remain available until September 30, 2009: 
Provided, That of the funds appropriated for ``Family Housing 
Construction, Army'' under Public Law 107-249, $21,000,000 are 
rescinded.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation 
and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance 
premiums, as authorized by law, $926,507,000.

           Family Housing Construction, Navy and Marine Corps

                        (INCLUDING RESCISSIONS)

    For expenses of family housing for the Navy and Marine 
Corps for construction, including acquisition, replacement, 
addition, expansion, extension, and alteration, as authorized 
by law, $139,107,000, to remain available until September 30, 
2009: Provided, That of the funds appropriated for ``Family 
Housing Construction, Navy and Marine Corps'' under Public Law 
108-132, $6,737,000 are rescinded: Provided further, That of 
the funds appropriated for ``Family Housing Construction, Navy 
and Marine Corps'' under Public Law 107-64, $5,564,000 are 
rescinded.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine 
Corps for operation and maintenance, including debt payment, 
leasing, minor construction, principal and interest charges, 
and insurance premiums, as authorized by law, $696,304,000.

                 Family Housing Construction, Air Force

                        (INCLUDING RESCISSIONS)

    For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$846,959,000, to remain available until September 30, 2009: 
Provided, That of the funds appropriated for ``Family Housing 
Construction, Air Force'' under Public Law 108-132, $6,000,000 
are rescinded: Provided further, That of the funds appropriated 
for ``Family Housing Construction, Air Force'' under Public Law 
107-64, $25,720,000 are rescinded: Provided further, That of 
the funds appropriated for ``Family Housing Construction, Air 
Force'' under Public Law 106-246, $13,451,000 are rescinded.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and 
insurance premiums, as authorized by law, $853,384,000.

               Family Housing Construction, Defense-Wide

    For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the military 
departments) for construction, including acquisition, 
replacement, addition, expansion, extension, and alteration, as 
authorized by law, $49,000, to remain available until September 
30, 2009.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the military 
departments) for operation and maintenance, leasing, and minor 
construction, as authorized by law, $49,575,000.

         Department of Defense Family Housing Improvement Fund

                        (INCLUDING RESCISSIONS)

    For the Department of Defense Family Housing Improvement 
Fund, $2,500,000, to remain available until expended, for 
family housing initiatives undertaken pursuant to section 2883 
of title 10, United States Code, providing alternative means of 
acquiring and improving military family housing and supporting 
facilities: Provided, That of the funds appropriated for 
``Department of Defense Family Housing Improvement Fund'' under 
Public Law 108-132, $8,301,000 are rescinded: Provided further, 
That of the funds appropriated for ``Department of Defense 
Family Housing Improvement Fund'' under Public Law 107-249, 
$10,808,000 are rescinded.

          Chemical Demilitarization Construction, Defense-Wide

                     (INCLUDING TRANSFER OF FUNDS)

    For expenses of construction, not otherwise provided for, 
necessary for the destruction of the United States stockpile of 
lethal chemical agents and munitions in accordance with the 
provisions of section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are not in 
the chemical weapon stockpile, as currently authorized by law, 
$81,886,000, to remain available until September 30, 2009: 
Provided, That such amounts of this appropriation as may be 
determined by the Secretary of Defense may be transferred to 
such appropriations of the Department of Defense available for 
military construction as the Secretary may designate, to be 
merged with and to be available for the same purposes, and for 
the same time period, as the appropriation to which 
transferred.

                  Base Realignment and Closure Account

    For deposit into the Department of Defense Base Closure 
Account 1990 established by section 2906(a)(1) of the Defense 
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
$246,116,000, to remain available until expended.

                           GENERAL PROVISIONS

    Sec. 101. None of the funds made available in this Act 
shall be expended for payments under a cost-plus-a-fixed-fee 
contract for construction, where cost estimates exceed $25,000, 
to be performed within the United States, except Alaska, 
without the specific approval in writing of the Secretary of 
Defense setting forth the reasons therefor.
    Sec. 102. Funds appropriated to the Department of Defense 
for construction shall be available for hire of passenger motor 
vehicles.
    Sec. 103. Funds appropriated to the Department of Defense 
for construction may be used for advances to the Federal 
Highway Administration, Department of Transportation, for the 
construction of access roads as authorized by section 210 of 
title 23, United States Code, when projects authorized therein 
are certified as important to the national defense by the 
Secretary of Defense.
    Sec. 104. None of the funds made available in this Act may 
be used to begin construction of new bases in the United States 
for which specific appropriations have not been made.
    Sec. 105. None of the funds made available in this Act 
shall be used for purchase of land or land easements in excess 
of 100 percent of the value as determined by the Army Corps of 
Engineers or the Naval Facilities Engineering Command, except: 
(1) where there is a determination of value by a Federal court; 
(2) purchases negotiated by the Attorney General or his 
designee; (3) where the estimated value is less than $25,000; 
or (4) as otherwise determined by the Secretary of Defense to 
be in the public interest.
    Sec. 106. None of the funds made available in this Act 
shall be used to: (1) acquire land; (2) provide for site 
preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available in 
annual Military Construction Appropriations Acts.
    Sec. 107. None of the funds made available in this Act for 
minor construction may be used to transfer or relocate any 
activity from one base or installation to another, without 
prior notification to the Committees on Appropriations of both 
Houses of Congress.
    Sec. 108. None of the funds made available in this Act may 
be used for the procurement of steel for any construction 
project or activity for which American steel producers, 
fabricators, and manufacturers have been denied the opportunity 
to compete for such steel procurement.
    Sec. 109. None of the funds available to the Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in 
any foreign nation.
    Sec. 110. None of the funds made available in this Act may 
be used to initiate a new installation overseas without prior 
notification to the Committees on Appropriations of both Houses 
of Congress.
    Sec. 111. None of the funds made available in this Act may 
be obligated for architect and engineer contracts estimated by 
the Government to exceed $500,000 for projects to be 
accomplished in Japan, in any NATO member country, or in 
countries bordering the Arabian Sea, unless such contracts are 
awarded to United States firms or United States firms in joint 
venture with host nation firms.
    Sec. 112. None of the funds made available in this Act for 
military construction in the United States territories and 
possessions in the Pacific and on Kwajalein Atoll, or in 
countries bordering the Arabian Sea, may be used to award any 
contract estimated by the Government to exceed $1,000,000 to a 
foreign contractor: Provided, That this section shall not be 
applicable to contract awards for which the lowest responsive 
and responsible bid of a United States contractor exceeds the 
lowest responsive and responsible bid of a foreign contractor 
by greater than 20 percent: Provided further, That this section 
shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible 
bid is submitted by a Marshallese contractor.
    Sec. 113. The Secretary of Defense is to inform the 
appropriate committees of both Houses of Congress, including 
the Committees on Appropriations, of the plans and scope of any 
proposed military exercise involving United States personnel 30 
days prior to its occurring, if amounts expended for 
construction, either temporary or permanent, are anticipated to 
exceed $100,000.
    Sec. 114. Not more than 20 percent of the funds made 
available in this Act which are limited for obligation during 
the current fiscal year shall be obligated during the last 2 
months of the fiscal year.

                          (TRANSFER OF FUNDS)

    Sec. 115. Funds appropriated to the Department of Defense 
for construction in prior years shall be available for 
construction authorized for each such military department by 
the authorizations enacted into law during the current session 
of Congress.
    Sec. 116. For military construction or family housing 
projects that are being completed with funds otherwise expired 
or lapsed for obligation, expired or lapsed funds may be used 
to pay the cost of associated supervision, inspection, 
overhead, engineering and design on those projects and on 
subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, any 
funds appropriated to a military department or defense agency 
for the construction of military projects may be obligated for 
a military construction project or contract, or for any portion 
of such a project or contract, at any time before the end of 
the fourth fiscal year after the fiscal year for which funds 
for such project were appropriated if the funds obligated for 
such project: (1) are obligated from funds available for 
military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which 
the cost of such project is increased pursuant to law.
    Sec. 118. The Secretary of Defense is to provide the 
Committees on Appropriations of both Houses of Congress with an 
annual report by February 15, containing details of the 
specific actions proposed to be taken by the Department of 
Defense during the current fiscal year to encourage other 
member nations of the North Atlantic Treaty Organization, 
Japan, Korea, and United States allies bordering the Arabian 
Sea to assume a greater share of the common defense burden of 
such nations and the United States.

                          (TRANSFER OF FUNDS)

    Sec. 119. In addition to any other transfer authority 
available to the Department of Defense, proceeds deposited to 
the Department of Defense Base Closure Account established by 
section 207(a)(1) of the Defense Authorization Amendments and 
Base Closure and Realignment Act (Public Law 100-526) pursuant 
to section 207(a)(2)(C) of such Act, may be transferred to the 
account established by section 2906(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to 
be merged with, and to be available for the same purposes and 
the same time period as that account.

                          (TRANSFER OF FUNDS)

    Sec. 120. Subject to 30 days prior notification to the 
Committees on Appropriations of both Houses of Congress, such 
additional amounts as may be determined by the Secretary of 
Defense may be transferred to (1) the Department of Defense 
Family Housing Improvement Fund from amounts appropriated for 
construction in ``Family Housing'' accounts, to be merged with 
and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund, or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of 
military unaccompanied housing in ``Military Construction'' 
accounts, to be merged with and to be available for the same 
purposes and for the same period of time as amounts 
appropriated directly to the Fund: Provided, That 
appropriations made available to the Funds shall be available 
to cover the costs, as defined in section 502(5) of the 
Congressional Budget Act of 1974, of direct loans or loan 
guarantees issued by the Department of Defense pursuant to the 
provisions of subchapter IV of chapter 169, title 10, United 
States Code, pertaining to alternative means of acquiring and 
improving military family housing, military unaccompanied 
housing, and supporting facilities.
    Sec. 121. None of the funds made available in this Act may 
be obligated for Partnership for Peace Programs in the New 
Independent States of the former Soviet Union.
    Sec. 122. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for 
military family housing the Secretary of the military 
department concerned shall submit to the Committees on 
Appropriations of both Houses of Congress the notice described 
in subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice 
of any guarantee (including the making of mortgage or rental 
payments) proposed to be made by the Secretary to the private 
party under the contract involved in the event of--
            (A) the closure or realignment of the installation 
        for which housing is provided under the contract;
            (B) a reduction in force of units stationed at such 
        installation; or
            (C) the extended deployment overseas of units 
        stationed at such installation.
    (2) Each notice under this subsection shall specify the 
nature of the guarantee involved and assess the extent and 
likelihood, if any, of the liability of the Federal Government 
with respect to the guarantee.

                          (TRANSFER OF FUNDS)

    Sec. 123. In addition to any other transfer authority 
available to the Department of Defense, amounts may be 
transferred from the account established by section 2906(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 (10 
U.S.C. 2687 note), to the fund established by section 1013(d) 
of the Demonstration Cities and Metropolitan Development Act of 
1966 (42 U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program. Any amounts transferred shall be 
merged with and be available for the same purposes and for the 
same time period as the fund to which transferred.
    Sec. 124. Notwithstanding this or any other provision of 
law, funds made available in this Act for operation and 
maintenance of family housing shall be the exclusive source of 
funds for repair and maintenance of all family housing units, 
including general or flag officer quarters: Provided, That not 
more than $35,000 per unit may be spent annually for the 
maintenance and repair of any general or flag officer quarters 
without 30 days prior notification to the appropriate 
Committees on Appropriations of both Houses of Congress, except 
that an after-the-fact notification shall be submitted if the 
limitation is exceeded solely due to costs associated with 
environmental remediation that could not be reasonably 
anticipated at the time of the budget submission: Provided 
further, That the Under Secretary of Defense (Comptroller) is 
to report annually to the Committees on Appropriations of both 
Houses of Congress all operation and maintenance expenditures 
for each individual general or flag officer quarters for the 
prior fiscal year.
    Sec. 125. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer 
made by, or transfer authority provided in, this Act or any 
other appropriation Act.
    Sec. 126. None of the funds made available in this Act 
under the heading ``North Atlantic Treaty Organization Security 
Investment Program'', and no funds appropriated for any fiscal 
year before fiscal year 2005 for that program that remain 
available for obligation, may be obligated or expended for the 
conduct of studies of missile defense.
    Sec. 127. Section 128(b)3(A) of Public Law 108-132 is 
amended by striking the words ``December 31, 2004'' and 
replacing with ``August 15, 2005''.
    Sec. 128. Whenever the Secretary of Defense or any other 
official of the Department of Defense is requested by the 
Subcommittee on Military Construction of the Committee on 
Appropriations of either House of Congress to respond to a 
question or inquiry submitted by the chairman or another member 
of that subcommittee pursuant to a subcommittee hearing or 
other activity, the Secretary (or other official) shall respond 
to the request, in writing, within 21 days of the date on which 
the request is transmitted to the Secretary (or other 
official).
    Sec. 129. Amounts contained in the Ford Island Improvement 
Account established under 10 U.S.C. 2814(h) are appropriated 
and shall be available until expended for the purposes 
specified in 10 U.S.C. 2814(i)(1) or until transferred pursuant 
to the provisions of 10 U.S.C. 2814(i)(3).
    Sec. 130. The fitness center at Homestead Air Reserve Base, 
Florida, shall be known and designated as the ``Sam Johnson 
Fitness Center''. Any reference to such facility in any law, 
regulation, map, document, record, or other paper of the United 
States shall be considered to be a reference to the Sam Johnson 
Fitness Center.
    Sec. 131. (a) Transfer of Certain Excess Property at Fort 
Hunter Liggett, California.--
            (1) Notwithstanding any other provision of law, 
        whenever the Secretary of the Army determines that any 
        portion of real property consisting of approximately 
        165,000 acres at Fort Hunter Liggett, California, is 
        excess to the military needs of the Army, and the 
        Secretary of Defense concurs that the property is not 
        needed to meet other Department of Defense 
        requirements, the Secretary of the Army shall first 
        offer the property to the Secretary of Agriculture.
            (2) If the Secretary of Agriculture determines, 
        pursuant to negotiations with the Secretary of the 
        Army, to accept the property offered under paragraph 
        (1), the Secretary of the Army shall transfer 
        administrative jurisdiction of such property to the 
        Secretary of Agriculture.
    (b) Management of Transferred Property.--
            (1) The Secretary of Agriculture shall manage any 
        property transferred under subsection (a) as part of 
        the National Forest System under the Act of March 1, 
        1911 (commonly known as ``Weeks Law'') (16 U.S.C. 480 
        et seq.), and other laws relating to the National 
        Forest System.
            (2) Any property managed under paragraph (1) shall 
        be subject to the concurrent jurisdiction of the State 
        of California.
    (c) Adjustment of Boundaries.--
            (1) Effective upon the transfer of property under 
        subsection (a), the boundaries of Los Padres National 
        Forest shall be modified to incorporate such property. 
        The Chief of the United States Forest Service shall 
        file and make available for public inspection in the 
        Office of the Chief of the United States Forest Service 
        in Washington, District of Columbia, a map reflecting 
        any modification of the boundaries of Los Padres 
        National Forest pursuant to the preceding sentence.
            (2) Any property incorporated within the boundaries 
        of Los Padres National Forest under this section shall 
        be deemed to have been within the boundaries of Los 
        Padres National Forest as of January 1, 1965, for 
        purposes of section 7(a) of the Land and Water 
        Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)).
    (d) Environmental Matters.--As part of the transfer of 
property under subsection (a), the Secretary of the Army shall 
perform, in accordance with the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.), all environmental remediation actions necessary 
to respond to environmental contamination or injury to natural 
resources attributable to former military activities on the 
property.
    Sec. 132. Unless stated otherwise, all reports and 
notifications required by division A shall be submitted to the 
Subcommittee on Military Construction of the Committee on 
Appropriations of each House of Congress.
    This division may be cited as the ``Military Construction 
Appropriations Act, 2005''.

    DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HURRICANE 
                     DISASTERS ASSISTANCE ACT, 2005

                                 An Act

Making emergency supplemental appropriations for the fiscal year ending 
  September 30, 2004, for additional disaster assistance relating to 
               natural disasters, and for other purposes.

That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2005, to provide emergency supplemental 
appropriations for additional disaster assistance relating to 
natural disasters, and for other purposes, namely:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

                     EMERGENCY CONSERVATION PROGRAM

    For an additional amount for ``Emergency Conservation 
Program'', for expenses resulting from natural disasters, 
$100,000,000, to remain available until expended: Provided, 
That the amounts provided under this heading are designated as 
an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                 Natural Resources Conservation Service

                 EMERGENCY WATERSHED PROTECTION PROGRAM

    For an additional amount for ``Emergency Watershed 
Protection Program'' to repair damages to the waterways and 
watersheds resulting from natural disasters, $250,000,000, to 
remain available until expended: Provided, That the amounts 
provided under this heading are designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                           Rural Development

                  RURAL COMMUNITY ADVANCEMENT PROGRAM

    For an additional amount for the ``Rural Community 
Advancement Program'', $68,000,000, to remain available until 
expended: Provided, That $50,000,000 shall be available for 
water and waste disposal grants as authorized by 7 U.S.C. 
1926(a): Provided further, That $18,000,000 shall be for the 
cost of community facility direct loans and grants as 
authorized by 7 U.S.C. 1926(a): Provided further, That loans 
and grants under this heading shall be available for projects 
in communities affected by hurricanes and tropical storms in 
calendar year 2003 or 2004: Provided further, That the amounts 
provided under this heading are designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

    For additional gross obligations for the principal amount 
of direct loans as authorized by title V of the Housing Act of 
1949, to be available from funds in the rural housing insurance 
fund, $17,000,000 for section 504 housing repair loans: 
Provided, That this loan level shall be considered an estimate 
and not a limitation.
    For the additional cost of direct loans, including the cost 
of modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974: section 504 housing repair 
loans, $5,000,000, to remain available until expended: 
Provided, That the amounts provided under this heading are 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                    RURAL HOUSING ASSISTANCE GRANTS

    For an additional amount for ``Rural Housing Assistance 
Grants'', $13,000,000, to remain available until expended, of 
which $8,000,000 shall be for grants and contracts for very 
low-income housing repair, made by the Rural Housing Service, 
as authorized by 42 U.S.C. 1474, and of which $5,000,000 shall 
be for domestic farm labor housing grants and contracts, as 
authorized by 42 U.S.C. 1486: Provided, That of the funds made 
available for domestic farm labor housing grants, the Secretary 
may use up to $3,000,000 to provide grants authorized under 42 
U.S.C. 5 177a(a): Provided further, That such grants and 
contracts under this heading shall only be available for 
projects in communities affected by hurricanes and tropical 
storms in calendar year 2003 or 2004: Provided further, That 
the amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                    GENERAL PROVISIONS--THIS CHAPTER

SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.

    (a) Crop Disaster Assistance.--
            (1) Definitions.--In this subsection:
                    (A) Additional coverage.--The term 
                ``additional coverage'' has the meaning given 
                the term in section 502(b)(1) of the Federal 
                Crop Insurance Act (7 U.S.C. 1502(b)(1)).
                    (B) Insurable commodity.--The term 
                ``insurable commodity'' means an agricultural 
                commodity (excluding livestock) for which the 
                producers on a farm are eligible to obtain a 
                policy or plan of insurance under the Federal 
                Crop Insurance Act (7 U.S.C. 1501 et seq.).
                    (C) Noninsurable commodity.--The term 
                ``noninsurable commodity'' means an eligible 
                crop for which the producers on a farm are 
                eligible to obtain assistance under section 196 
                of the Federal Agriculture Improvement and 
                Reform Act of 1996 (7 U.S.C. 7333).
            (2) Emergency financial assistance.--
        Notwithstanding section 508(b)(7) of the Federal Crop 
        Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of 
        Agriculture shall use such sums as are necessary of 
        funds of the Commodity Credit Corporation to make 
        emergency financial assistance authorized under this 
        subsection available to producers on a farm other than 
        producers of cottonseed or sugar cane that have 
        incurred qualifying crop or quality losses for the 
        2003, 2004, or 2005 crop (as elected by a producer), 
        but limited to only one of the crop years listed, due 
        to damaging weather or related condition, as determined 
        by the Secretary: Provided, That qualifying crop losses 
        for the 2005 crop are limited to only those losses 
        caused by a hurricane or tropical storm of the 2004 
        hurricane season in counties declared disaster areas by 
        the President of the United States: Provided further, 
        That notwithstanding the crop year election limitation 
        in this paragraph, $53,000,000 shall be provided to the 
        Secretary of Agriculture, of which $50,000,000 shall be 
        for crop losses in the Commonwealth of Virginia, and of 
        which $3,000,000 shall be for fruit and vegetable 
        losses in the State of North Carolina: Provided 
        further, That these losses resulted from hurricanes, 
        tropical storms, and other weather related disasters 
        that occurred during calendar year 2003, to remain 
        available until expended.
            (3) Administration.--The Secretary shall make 
        assistance available under this subsection in the same 
        manner as provided under section 815 of the 
        Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations 
        Act, 2001 (Public Law 106-387; 114 Stat. 1549A-55), 
        including using the same loss thresholds for the 
        quantity and quality losses as were used in 
        administering that section.
            (4) Ineligibility for assistance.--Except as 
        provided in paragraph (5), the producers on a farm 
        shall not be eligible for assistance under this 
        subsection with respect to losses to an insurable 
        commodity or noninsurable commodity if the producers on 
        the farm--
                    (A) in the case of an insurable commodity, 
                did not obtain a policy or plan of insurance 
                for the insurable commodity under the Federal 
                Crop Insurance Act (7 U.S.C. 1501 et seq.) for 
                the crop incurring the losses;
                    (B) in the case of a noninsurable 
                commodity, did not file the required paperwork, 
                and pay the administrative fee by the 
                applicable State filing deadline, for the 
                noninsurable commodity under section 196 of the 
                Federal Agriculture Improvement and Reform Act 
                of 1996 (7 U.S.C. 7333) for the crop incurring 
                the losses;
                    (C) had adjusted gross incomes, as defined 
                by section 1001D of the Food Security Act of 
                1985, of greater than $2,500,000 in 2003; or
                    (D) were not in compliance with highly 
                erodible land conservation and wetland 
                conservation provisions.
            (5) Contract waiver.--The Secretary may waive 
        paragraph (4) with respect to the producers on a farm 
        if the producers enter into a contract with the 
        Secretary under which the producers agree--
                    (A) in the case of an insurable commodity, 
                to obtain a policy or plan of insurance under 
                the Federal Crop Insurance Act (7 U.S.C. 1501 
                et seq.) providing additional coverage for the 
                insurable commodity for each of the next 2 
                crops; and
                    (B) in the case of a noninsurable 
                commodity, to file the required paperwork and 
                pay the administrative fee by the applicable 
                State filing deadline, for the noninsurable 
                commodity for each of the next 2 crops under 
                section 196 of the Federal Agriculture 
                Improvement and Reform Act of 1996 (7 U.S.C. 
                7333).
            (6) Effect of violation.--In the event of the 
        violation of a contract under paragraph (5) by a 
        producer, the producer shall reimburse the Secretary 
        for the full amount of the assistance provided to the 
        producer under this subsection.
            (7) Payment limitations.--
                    (A) Limit on amount of assistance.--
                Assistance provided under this subsection to a 
                producer for losses to a crop, together with 
                the amounts specified in subparagraph (B) 
                applicable to the same crop, may not exceed 95 
                percent of what the value of the crop would 
                have been in the absence of the losses, as 
                estimated by the Secretary.
                    (B) Other payments.--In applying the 
                limitation in subparagraph (A), the Secretary 
                shall include the following:
                            (i) Any crop insurance payment made 
                        under the Federal Crop Insurance Act (7 
                        U.S.C. 1501 et seq.) or payment under 
                        section 196 of the Federal Agricultural 
                        Improvement and Reform Act of 1996 (7 
                        U.S.C. 7333) that the producer receives 
                        for losses to the same crop.
                            (ii) The value of the crop that was 
                        not lost (if any), as estimated by the 
                        Secretary.
                    (C) Effect of florida disaster programs.--
                Persons that received payments from section 32 
                of the Act of August 24, 1935 with respect to 
                2004 hurricane crop losses are not eligible for 
                payments under this subsection.
    (b) Livestock Assistance Program.--
            (1) Emergency financial assistance.--The Secretary 
        of Agriculture shall use such sums as are necessary of 
        funds of the Commodity Credit Corporation to make and 
        administer payments for livestock losses to producers 
        for 2003 or 2004 losses (as elected by a producer), but 
        not both, in a county that has received an emergency 
        designation by the President or the Secretary after 
        January 1, 2003, of which an amount determined by the 
        Secretary shall be made available for the American 
        Indian livestock program under section 806 of the 
        Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations 
        Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
            (2) Administration.--The Secretary shall make 
        assistance available under this subsection in the same 
        manner as provided under section 806 of the 
        Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations 
        Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51).
            (3) Mitigation.--In determining the eligibility for 
        or amount of payments for which a producer is eligible 
        under the livestock assistance program, the Secretary 
        shall not penalize a producer that takes actions 
        (recognizing disaster conditions) that reduce the 
        average number of livestock the producer owned for 
        grazing during the production year for which assistance 
        is being provided.
    (c) Tree Assistance Program.--
            (1) Emergency assistance.--The Secretary of 
        Agriculture shall use such sums as are necessary of the 
        funds of the Commodity Credit Corporation to provide 
        assistance under the tree assistance program 
        established under sections 10201 through 10204 of the 
        Farm Security and Rural Investment Act of 2002 (7 
        U.S.C. 8201 et seq.) to producers who suffered tree 
        losses during the period beginning on December 1, 2003, 
        and ending on December 31, 2004.
            (2) Additional assistance.--In addition to 
        providing assistance to eligible orchardists under the 
        tree assistance program, the Secretary shall use an 
        additional $15,000,000 of the funds of the Commodity 
        Credit Corporation to provide reimbursement under 
        sections 10203 and 10204 of the Farm Security and Rural 
        Investment Act of 2002 (7 U.S.C. 8203, 8204) to 
        eligible forest land owners who produce periodic crops 
        of timber from trees for commercial purposes and who 
        have suffered tree losses during the period specified 
        in paragraph (1).
            (3) Effect of florida disaster programs.--Persons 
        that received payments from section 32 of the Act of 
        August 24, 1935 with respect to 2004 hurricane crop 
        losses are not eligible for payments under this 
        section.
    (d) Emergency Conservation Program.--The Secretary of 
Agriculture shall use an additional $50,000,000 of the funds of 
the Commodity Credit Corporation to provide assistance under 
the Emergency Conservation Program under title IV of the 
Agriculture Credit Act of 1978 (16 U.S.C. 2201 et seq.).
    (e) Offset.--Section 1241(a)(3) of the Food Security Act of 
1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before the 
period at the end the following: ``, using not more than 
$6,037,000,000 for the period of fiscal years 2005 through 
2014''.
    (f) That for purposes of the budget scoring guidance in 
effect for the Congress and the Executive branch respectively, 
and notwithstanding the Budget Scorekeeping Guidelines set 
forth in the joint explanatory statement of the committee of 
conference accompanying Conference Report 105-217, any savings 
from subsection (e) shall not be scored until fiscal year 2008.
    (g) The issuance of regulations shall be made without 
regard to: (1) the notice and comment provisions of section 553 
of title 5, United States Code; (2) the Statement of Policy of 
the Secretary of Agriculture effective July 24, 1971 (36 Fed. 
Reg. 138O4), relating to notices of proposed rulemaking and 
public participation in rulemaking; and (3) chapter 35 of title 
44, United States Code (commonly known as the ``Paperwork 
Reduction Act''): Provided, That in carrying out this section, 
the Secretary shall use the authority provided under section 
808 of title 5, United States Code.
    Sec. 102. The Secretary of Agriculture shall use 
$40,000,000, of which, $7,200,000 shall be provided to the 
State of Hawaii for assistance to an agricultural 
transportation cooperative in Hawaii, the members of which are 
eligible to participate in the Farm Service Agency administered 
Commodity Loan Program, and of which $32,800,000 shall be to 
make payments to processors in Florida that are eligible to 
obtain a loan under section 156(a) of the Federal Agriculture 
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) to 
compensate first processors and producers for crop and other 
losses that are related to hurricanes, tropical storms, 
excessive rains, and floods in Florida during calendar year 
2004, to be calculated and paid on the basis of losses on 40 
acre harvesting units, in counties declared a disaster by the 
President of the United States in 2004 due to hurricanes, on 
the same terms and conditions, to the extent practicable, as 
the payments made under section 207 of the Agricultural 
Assistance Act of 2003 (Public Law 108-7).
    Sec. 103. The Secretary of Agriculture shall use 
$10,000,000 to make payments to dairy producers for dairy 
production losses, and dairy spoilage losses in counties 
declared a disaster by the President of the United States in 
2004 due to hurricanes.
    Sec. 104. The Secretary of Agriculture shall use 
$10,000,000 to provide assistance to producers and first 
handlers of the 2004 crop of cottonseed located in counties 
declared a disaster by the President of the United States in 
2004 due to hurricanes.
    Sec. 105. (a) The Secretary shall use the funds, 
facilities, and authorities of the Commodity Credit Corporation 
to carry out section 101, 102, 103, 104, 108, 109, 110, and 111 
of this chapter, to remain available until expended.
    (b) The amounts provided under sections 101, 102, 103, 104, 
108, 109, 110, and 111 in this chapter are designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.
    Sec. 106. (a) Rural Community Advancement Program.--The 
communities in Burlington and Camden Counties in New Jersey, 
affected by the flood which occurred on July 12, 2004, are 
deemed to be rural areas during fiscal year 2005 for purposes 
of subtitle E of the Consolidated Farm and Rural Development 
Act. Any limitations under subtitle E of the Consolidated Farm 
and Rural Development Act that are based on the income of 
families shall not apply during fiscal year 2005 with respect 
to such communities, or to businesses or families residing in 
such communities.
    (b) Rural Housing Insurance Fund and Rural Housing 
Assistance Grants.--The communities referred to in subsection 
(a) are deemed to be rural areas during fiscal year 2005 for 
purposes of the direct and guaranteed loan programs under title 
V of the Housing Act of 1949 and the grant programs under 
sections 504, 509(c), 525, and 533 of such title V. Any 
limitations under title V of the Housing Act of 1949 that are 
based on the income of families shall not apply during fiscal 
year 2005 with respect to such communities or to families 
residing in such communities.
    Sec. 107. The Secretary of Agriculture shall provide 
financial and technical assistance to repair, and if necessary, 
replace Hope Mills Dam, Cumberland County, North Carolina, in 
accordance with the dam safety standards of the state of North 
Carolina: Provided, That from within the funds provided in this 
chapter for the Emergency Watershed Protection program of the 
Natural Resources Conservation Service $1,600,000 is provided 
for this purpose.
    Sec. 108. The Secretary shall provide $90,000,000 to the 
fund established by section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), to make payments with respect to 2004 hurricane 
losses.
    Sec. 109. The Secretary, acting through the Farm Service 
Agency, may use not more than $4,000,000 to cover 
administrative expenses associated with the implementation of 
sections 101 and 102 of this chapter.
    Sec. 110. In addition to amounts provided in this Act for 
the tree assistance program, $10,000,000 shall be made 
available to the Secretary of Agriculture, to remain available 
until expended, to provide assistance to eligible private 
forest landowners owning not more than 5,000 acres of forest 
crop in counties declared Presidential disaster areas as a 
result of hurricane, tropical storm, or related events for the 
purposes of debris removal, replanting of timber, and other 
such purposes.
    Sec. 111. In addition to amounts provided in this Act for 
the tree assistance program, $8,500,000 shall be made available 
to the Secretary of Agriculture, to remain available until 
expended, to provide assistance under the tree assistance 
program established under subtitle C of title X of the Farm 
Security and Rural Investment Act of 2002 to pecan producers in 
counties declared a disaster by the President of the United 
States who suffered tree loss or damage due to damaging weather 
related to any hurricane or tropical storm of the 2004 
hurricane season: Provided, That the funds made available under 
this section shall also be made available to cover costs 
associated with pruning, rehabilitating, and other appropriate 
activities as determined by the Secretary.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         SALARIES AND EXPENSES

    For an additional amount for ``Salaries and Expenses'', 
$5,500,000, to remain available until September 30, 2005, for 
emergency hurricane-related expenses: Provided, That such 
amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                        BUILDINGS AND FACILITIES

    For an additional amount for ``Buildings and Facilities'', 
$18,600,000, to remain available until expended for emergency 
hurricane-related expenses: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH AND FACILITIES

    For an additional amount for ``Operations, Research, and 
Facilities'', $16,900,000, to remain available until September 
30, 2006, of which $9,000,000 shall be for reseeding, 
rehabilitation and restoration of oyster reefs in Alabama, 
Florida, Louisiana, and Mississippi: Provided, That such amount 
is designated as an emergency requirement pursuant to section 
402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress) 
and applicable to the Senate by section 14007 of Public Law 
108-287.

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

    For an additional amount for ``Procurement, Acquisition and 
Construction'', $3,800,000, to remain available until September 
30, 2007: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                     SMALL BUSINESS ADMINISTRATION

                     Disaster Loans Program Account

    For an additional amount for ``Disaster Loans Program 
Account'' for the cost of direct loans, $501,000,000, to remain 
available until expended: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in 
Section 502 of the Congressional Budget Act of 1974.
    In addition, for an additional amount for ``Disaster Loans 
Program Account'' for administrative expenses to carry out the 
disaster loan program, $428,000,000, to remain available until 
expended, which may be transferred to the appropriations for 
``Salaries and Expenses'': Provided, That no funds shall be 
transferred to the appropriations for ``Salaries and Expenses'' 
for indirect administrative expenses: Provided further, That 
the amounts provided under this heading are designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Army'', $8,600,000, for emergency hurricane and other natural 
disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                    Operation and Maintenance, Navy

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Navy'', $458,000,000, for emergency hurricane and other natural 
disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                Operation and Maintenance, Marine Corps

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Marine Corps'', $1,300,000, for emergency hurricane and other 
natural disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                  Operation and Maintenance, Air Force

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Air Force'', $165,400,000, for emergency hurricane and other 
natural disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                Operation and Maintenance, Defense-Wide

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Defense-Wide'', $100,000,000, for emergency hurricane and other 
natural disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That the Secretary of Defense may transfer these 
funds to appropriations for military personnel; operation and 
maintenance; the Defense Health Program; and working capital 
funds: Provided further, That funds transferred shall be merged 
with and be available for the same purposes and for the same 
time period as the appropriation or fund to which transferred: 
Provided further, That this transfer authority is in addition 
to any other transfer authority available to the Department of 
Defense: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are 
not necessary for the purposes provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the Secretary of Defense shall, not fewer than 15 
days prior to making transfers from this appropriation, notify 
the congressional defense committees in writing of the details 
of any such transfer: Provided further, That the Secretary 
shall submit a report no later than 30 days after the end of 
each fiscal quarter to the congressional defense committees 
summarizing the details of the transfer of funds from this 
appropriation: Provided further, That such amount is designated 
as an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                Operation and Maintenance, Army Reserve

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Army Reserve'', $1,400,000, for emergency hurricane and other 
natural disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                Operation and Maintenance, Navy Reserve

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Navy Reserve'', $1,000,000, for emergency hurricane and other 
natural disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

              Operation and Maintenance, Air Force Reserve

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Air Force Reserve'', $2,400,000, for emergency hurricane and 
other natural disaster-related expenses, which shall be 
available for transfer to reimburse costs incurred in fiscal 
year 2004: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

             Operation and Maintenance, Army National Guard

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Army National Guard'', $10,500,000, for emergency hurricane and 
other natural disaster-related expenses, which shall be 
available for transfer to reimburse costs incurred in fiscal 
year 2004: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

             Operation and Maintenance, Air National Guard

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Operation and Maintenance, 
Air National Guard'', $2,200,000, for emergency hurricane and 
other natural disaster-related expenses, which shall be 
available for transfer to reimburse costs incurred in fiscal 
year 2004: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                              PROCUREMENT

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air 
Force'', $2,500,000, to remain available until September 30, 
2007, for emergency hurricane and other natural disaster-
related expenses, which shall be available for transfer to 
reimburse costs incurred in fiscal year 2004: Provided, That 
such amount is designated as an emergency requirement pursuant 
to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                       Procurement, Defense-Wide

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Procurement, Defense-Wide'', 
$140,000,000, to remain available until September 30, 2007, for 
emergency hurricane and other natural disaster-related 
expenses, which shall be available for transfer to reimburse 
costs incurred in fiscal year 2004, for the costs of repairs to 
structures and facilities, replacement of destroyed or damaged 
equipment, and preparation and recovery of naval vessels under 
construction: Provided, That the Secretary of Defense may 
transfer these funds to appropriations for operation and 
maintenance; procurement; and research, development, test and 
evaluation: Provided further, That funds transferred shall be 
merged with and be available for the same purposes and for the 
same time period as the appropriation or fund to which 
transferred: Provided further, That this transfer authority is 
in addition to any other transfer authority available to the 
Department of Defense: Provided further, That upon a 
determination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this 
appropriation: Provided further, That the Secretary of Defense 
shall, not fewer than 15 days prior to making transfers from 
this appropriation, notify the congressional defense committees 
in writing of the details of any such transfer: Provided 
further, That the Secretary shall submit a report no later than 
30 days after the end of each fiscal quarter to the 
congressional defense committees summarizing the details of the 
transfer of funds from this appropriation: Provided further, 
That not less than $10,500,000 shall be transferred to 
``Aircraft Procurement, Air Force'' for the procurement of WC-
130 Hurricane Tracking Equipment: Provided further, That not 
less than $10,000,000 shall be transferred to ``Missile 
Procurement, Air Force'', and not less than $10,000,000 shall 
be transferred to ``Other Procurement, Air Force'' for costs 
associated with delayed satellite launches: Provided further, 
That not less than $18,700,000 shall be transferred to ``Other 
Procurement, Air Force'' for Continuity of Operations equipment 
procurement at Headquarters United States Central Command: 
Provided further, That not less than $20,000,000 shall be 
available only for replacement of laboratory and test range 
equipment at Eglin Air Force Base: Provided further, That such 
amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Defense Working Capital 
Funds'', $4,100,000, for emergency hurricane and other natural 
disaster-related expenses, and which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

                     (INCLUDING TRANSFER OF FUNDS)

    For an additional amount for ``Defense Health Program'', 
$12,000,000, for emergency hurricane and other natural 
disaster-related expenses, which shall be available for 
transfer to reimburse costs incurred in fiscal year 2004: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 301. Appropriations provided in this chapter are 
available for obligation until September 30, 2005, unless 
otherwise so provided in this chapter.
    Sec. 302. Funds appropriated in this Act, or made available 
by the transfer of funds in or pursuant to this Act, for 
intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414).
    Sec. 303. Unless specifically enumerated elsewhere in this 
chapter, none of the funds provided in this chapter may be used 
to finance programs or activities denied by Congress in fiscal 
years 2004 and 2005 defense appropriations, or to initiate a 
procurement or research, development, test and evaluation new 
start program without prior notification to the congressional 
defense committees.
    Sec. 304. Section 8007 of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287); 118 Stat. 970), 
is amended by striking the words ``in session''.

                          (TRANSFER OF FUNDS)

    Sec. 305. Upon his determination that such action is 
necessary in the national interest to address emergency 
hurricane and other natural disaster-related expenses, the 
Secretary of Defense may transfer between appropriations up to 
$200,000,000 of the funds made available to the Department of 
Defense in this chapter: Provided, That the Secretary shall 
notify the Congress promptly of each transfer made pursuant to 
the authority in this section: Provided further, That the 
authority provided in this section is in addition to any other 
transfer authority available to the Department of Defense and 
is subject to the same terms and conditions as the authority 
provided in section 8005 of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287): Provided 
further, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.
    Sec. 306. Section 9010(b) of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1008; 
10 U.S.C. 113 note), is amended by striking ``section 12304'' 
in paragraphs (7) and (8) and inserting ``section 12302''.

                     (INCLUDING TRANSFER OF FUNDS)

    Sec. 307. Technical Adjustments to Public Law 108-287. 
Notwithstanding any other provision in law, the following 
adjustments and transfers shall apply to funds previously made 
available and to restrictions in the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287):
            (1) Armored passenger vehicles.--Under the heading, 
        ``Other Procurement, Army'', strike ``purchase of 1 
        vehicle'' and insert ``purchase of 21 vehicles'', and 
        under the heading, ``Other Procurement, Army'', strike 
        ``not to exceed $200,000'' and insert ``not to exceed 
        $275,000'': Provided, That any purchases under the 
        authority of this section in excess of one vehicle may 
        only be in direct support of force protection 
        requirements.
            (2) Transfer of funds.--Upon enactment of this Act, 
        the Secretary of Defense shall make the following 
        transfer of funds: Provided, That the amounts 
        transferred shall be made available for the same 
        purpose and the same time period as the appropriation 
        to which transferred: Provided further, That the 
        authority provided in this section is in addition to 
        any other transfer authority available to the 
        Department of Defense: Provided further, That all such 
        amounts in this section are designated as an emergency 
        requirement pursuant to section 402 of S. Con. Res. 95 
        (108th Congress), as made applicable to the House of 
        Representatives by H. Res. 649 (108th Congress) and 
        applicable to the Senate by section 14007 of Public Law 
        108-287: Provided further, That the amounts shall be 
        transferred between the following appropriations, in 
        the amounts specified:
                    To:
                            Under the heading, ``Research, 
                        Development, Test and Evaluation, 
                        Defense-Wide, 2005/2006'', $5,950,000;
                    From:
                            Under the heading, ``Operation and 
                        Maintenance, Army'', $5,950,000.
                    To:
                            Under the heading, ``Procurement, 
                        Marine Corps, 2005/2007'', as provided 
                        in title IX of Public Law 108-287, 
                        $7,000,000;
                    From:
                            Under the heading, ``Operation and 
                        Maintenance, Marine Corps'', as 
                        provided in title IX of Public Law 108-
                        287, $7,000,000.
                    To:
                            The Department of Veterans Affairs, 
                        under the heading, ``Medical 
                        Services'', $500,000;
                    From:
                            Under the heading, ``Defense Health 
                        Program'', Operation and Maintenance, 
                        $500,000.
                    To:
                            Under the heading, ``Operation and 
                        Maintenance, Army National Guard'', 
                        $1,400,000;
                    From:
                            Under the heading, ``Operation and 
                        Maintenance, Army'', $1,400,000.
            (3) Section 9014 authorities.--The authority 
        provided in section 9014 of the Department of Defense 
        Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 
        1009), shall apply with respect to the period beginning 
        on June 29, 2003, and ending on August 4, 2004, in 
        addition to the period of applicability provided 
        pursuant to section 9001 of that Act.
    Sec. 308. Section 9007 of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), is amended by 
striking ``$300,000,000'', and inserting ``$500,000,000''.
    Sec. 309. Section 9006 of the Department of Defense 
Appropriations Act, 2005 (Public Law 108-287), is amended by 
striking ``New Iraqi Army'', and inserting ``Iraqi Armed 
Forces, to include the Iraqi National Guard''.

                               CHAPTER 4

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         GENERAL INVESTIGATIONS

    For an additional amount for ``General Investigations'' for 
emergency expenses for the update of studies necessitated by 
storm damage to shore protection projects, $400,000, to remain 
available until expended: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                         CONSTRUCTION, GENERAL

    For an additional amount for ``Construction, General'' for 
emergency expenses for repair of storm damage for authorized 
shore protection projects and assessment of project performance 
of such projects, $62,600,000, to remain available until 
expended: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, 
        KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE

    For an additional amount for ``Flood Control, Mississippi 
River and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, 
Mississippi, Missouri and Tennessee'' for emergency expenses 
for levee and revetment repair and for emergency dredging, 
$6,000,000, to remain available until expended: Provided, That 
such amount is designated as an emergency requirement pursuant 
to section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                   OPERATION AND MAINTENANCE, GENERAL

    For an additional amount for ``Operation and Maintenance, 
General'' for emergency expenses for repair of storm damage to 
authorized projects, $145,400,000, to remain available until 
expended: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                 FLOOD CONTROL AND COASTAL EMERGENCIES

    For an additional amount for ``Flood Control and Coastal 
Emergencies'' for emergency expenses for repair of damage to 
flood control and hurricane shore protection projects by storms 
and other natural disasters, $148,000,000, to remain available 
until expended: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.
    Sec. 401. For an additional amount to address drought 
conditions in the State of Nevada, $5,000,000 is provided to 
the Secretary of Interior, acting through the Commissioner of 
the Bureau of Reclamation, for the Southern Nevada Water 
Authority for modification of the water intake at Lake Mead, to 
remain available until expended: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.
    Sec. 402. For an additional amount to address storm damage, 
$10,000,000 is provided for the Secretary of the Army, acting 
through the Chief of Engineers, to repair, restore, and clean-
up Corps projects and facilities; dredge navigation channels; 
restore and clean out area streams; provide emergency 
streambank protection; restore other crucial public 
infrastructure (including sewer and water facilities); document 
flood impacts; and undertake other flood recovery efforts 
deemed necessary and advisable by the Chief of Engineers for 
Federally declared disaster areas in West Virginia, to remain 
available until expended: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                               CHAPTER 5

                     BILATERAL ECONOMIC ASSISTANCE

                  FUNDS APPROPRIATED TO THE PRESIDENT

           United States Agency for International Development

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

    For an additional amount for ``International Disaster and 
Famine Assistance'', $100,000,000, to remain available until 
September 30, 2005: Provided, That funds appropriated by this 
paragraph shall be available to respond to the disasters caused 
by hurricanes and tropical storms in the Caribbean region: 
Provided further, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287: Provided 
further, That funds appropriated by this paragraph shall be 
available notwithstanding section 10 of Public Law 91-672 and 
section 15 of the State Department Basic Authorities Act of 
1956.

                               CHAPTER 6

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard

                           OPERATING EXPENSES

    For an additional amount for ``Operating Expenses'' for 
expenses resulting from the recent natural disasters in the 
southeastern United States, $33,367,310, to remain available 
until expended: Provided, That the amounts provided herein are 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                  EMERGENCY PREPAREDNESS AND RESPONSE

                            Disaster Relief

    For an additional amount for ``Disaster Relief'', 
$6,500,000,000, to remain available until expended: Provided, 
That such amount is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as 
made applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                              CONSTRUCTION

    For an additional amount for ``Construction'', $40,552,000, 
to remain available until expended, to address damages from 
natural disasters: Provided, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                         National Park Service

                              CONSTRUCTION

    For an additional amount for ``Construction'', $50,802,000, 
to remain available until expended, to address damages from 
natural disasters: Provided, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

    For an additional amount for ``Surveys, Investigations, and 
Research'', $1,000,000, to remain available until expended: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                       STATE AND PRIVATE FORESTRY

    For an additional amount for ``State and Private 
Forestry'', $49,100,000, to remain available until expended, to 
address damages from natural disasters: Provided, That such 
amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                         NATIONAL FOREST SYSTEM

    For an additional amount for ``National Forest System'', 
$12,153,000, to remain available until expended, to address 
damages from natural disasters: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                        WILDLAND FIRE MANAGEMENT

    For an additional amount for ``Wildland Fire Management'', 
$1,028,000, to remain available until expended, to address 
damages from natural disasters: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                  CAPITAL IMPROVEMENT AND MAINTENANCE

    For an additional amount for ``Capital Improvement and 
Maintenance'', $50,815,000, to remain available until expended, 
to address damages from natural disasters: Provided, That such 
amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                               CHAPTER 8

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Departmental Management

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

    For an additional amount for ``Public Health and Social 
Services Emergency Fund'' to support aging services, social 
services and health services associated with natural disaster 
recovery and response efforts, $50,000,000, to remain available 
until expended: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

              Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy 
and Marine Corps'', $138,800,000, to remain available until 
September 30, 2007, for emergency expenses resulting from 
natural disasters: Provided, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287: Provided 
further, That notwithstanding any other provision of law, such 
funds may be obligated and expended to carry out planning and 
design and military construction projects not otherwise 
authorized by law: Provided further, That none of these funds 
may be obligated for new construction projects until fourteen 
days after the Secretary of the Navy provides a notification 
that describes the project, including the form 1391, to the 
Subcommittee on Military Construction of the Committee on 
Appropriations and the Committee on Armed Services of both 
Houses of Congress.

                  Military Construction, Army Reserve

    For an additional amount for ``Military Construction, Army 
Reserve'', $8,700,000, to remain available until September 30, 
2007, for emergency expenses resulting from natural disasters: 
Provided, That such amount is designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287: Provided further, That 
notwithstanding any other provision of law, such funds may be 
obligated and expended to carry out planning and design and 
military construction projects not otherwise authorized by law.

             Family Housing Operation and Maintenance, Army

    For an additional amount for ``Family Housing Operation and 
Maintenance, Army'', $1,200,000, to remain available until 
September 30, 2005, for emergency expenses resulting from 
natural disasters: Provided, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For an additional amount for ``Family Housing Operation and 
Maintenance, Navy and Marine Corps'', $9,100,000, to remain 
available until September 30, 2005, for emergency expenses 
resulting from natural disasters: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

          Family Housing Operation and Maintenance, Air Force

    For an additional amount for ``Family Housing Operation and 
Maintenance, Air Force'', $11,400,000, to remain available 
until September 30, 2005, for emergency expenses resulting from 
natural disasters: Provided, That such amount is designated as 
an emergency requirement pursuant to section 402 of S. Con. 
Res. 95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                  Base Realignment and Closure Account

    For an additional amount to be deposited into the 
Department of Defense Base Closure Account 1990, $50,000, to 
remain available until September 30, 2005, for emergency 
expenses resulting from natural disasters: Provided, That such 
amount is designated as an emergency requirement pursuant to 
section 402 of S. Con. Res. 95 (108th Congress), as made 
applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

    For an additional amount for ``Facilities and Equipment'', 
for expenses resulting from the recent natural disasters in the 
southeastern United States, $5,100,000, to be derived from the 
airport and airway trust fund and to remain available until 
expended: Provided, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                    EMERGENCY ASSISTANCE TO AIRPORTS

                    (AIRPORT AND AIRWAY TRUST FUND)

    For emergency capital costs to repair or replace public use 
facilities at public use airports listed in the Federal 
Aviation Administration's National Plan of Integrated Airport 
Systems resulting from damage from hurricanes Charley, Frances, 
Ivan, and Jeanne, to enable the Federal Aviation Administrator 
to compensate airports for such costs, $25,000,000, to be 
derived from the airport and airway trust fund and to remain 
available until expended: Provided, That such amount is 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                     Federal Highway Administration

                          FEDERAL-AID HIGHWAYS

                        EMERGENCY RELIEF PROGRAM

                          (HIGHWAY TRUST FUND)

    For an additional amount for ``Emergency Relief Program'', 
emergency expenses resulting from 2004 Hurricanes Charley, 
Frances, Gaston, Ivan, and Jeanne, as authorized by 23 U.S.C. 
125, $1,202,000,000, to be derived from the Highway Trust Fund 
(other than the Mass Transit Account) and to remain available 
until expended: Provided, That notwithstanding 23 U.S.C. 
125(d)(1), the Secretary of Transportation may obligate more 
than $100,000,000 for projects arising from hurricanes Charley, 
Frances, Ivan, and Jeanne: Provided further, That any amounts 
in excess of those necessary for emergency expenses relating to 
the above hurricanes may be used for other projects authorized 
under 23 U.S.C. 125: Provided further, That the amounts 
provided under this heading are designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                          Unanticipated Needs

    For an additional amount for ``Unanticipated Needs'', not 
to exceed $70,000,000, to remain available until September 30, 
2005, for the American Red Cross for reimbursement of disaster 
relief and recovery expenditures and emergency services 
associated with Hurricanes Charley, Frances, Ivan, and Jeanne, 
and only to the extent funds are not made available for those 
activities by other federal sources: Provided, That these funds 
may be administered by any authorized federal government agency 
to meet the purposes of this provision and that total 
administrative costs shall not exceed three percent of the 
total appropriation: Provided further, That the Comptroller 
General shall audit the use of these funds by the American Red 
Cross: Provided further, That such amount is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                               CHAPTER 11

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            MEDICAL SERVICES

    For an additional amount for ``Medical services'' for 
expenses related to recent natural disasters in the Southeast, 
$38,283,000, to remain available until September 30, 2005: 
Provided, That the amounts provided herein are designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                         MEDICAL ADMINISTRATION

    For an additional amount for ``Medical administration'' for 
expenses related to recent natural disasters in the Southeast, 
$1,940,000, to remain available until September 30, 2005: 
Provided, That the amounts provided herein are designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                           MEDICAL FACILITIES

    For an additional amount for ``Medical facilities'' for 
expenses related to recent natural disasters, $46,909,000, to 
remain available until September 30, 2006: Provided, That the 
amounts provided herein are designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

                      Departmental Administration

                       GENERAL OPERATING EXPENSES

    For an additional amount for ``General operating 
expenses'', for expenses related to recent natural disasters, 
$545,000, to remain available until September 30, 2005: 
Provided, That the amounts provided herein are designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 
95 (108th Congress), as made applicable to the House of 
Representatives by H. Res. 649 (108th Congress) and applicable 
to the Senate by section 14007 of Public Law 108-287.

                    NATIONAL CEMETERY ADMINISTRATION

    For an additional amount for ``National Cemetery 
Administration'', for expenses related to recent natural 
disasters in the Southeast, $50,000, to remain available until 
September 30, 2005: Provided, That the amounts provided herein 
are designated as an emergency requirement pursuant to section 
402 of S. Con. Res. 95 (108th Congress), as made applicable to 
the House of Representatives by H. Res. 649 (108th Congress) 
and applicable to the Senate by section 14007 of Public Law 
108-287.

                      CONSTRUCTION, MINOR PROJECTS

    For an additional amount for ``Construction, minor 
projects'', for expenses related to recent natural disasters, 
$36,343,000, to remain available until expended: Provided, That 
the amounts provided herein are designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       COMMUNITY DEVELOPMENT FUND

    For an additional amount for ``Community development 
fund'', for activities authorized under title I of the Housing 
and Community Development Act of 1974, for use only for 
disaster relief, long-term recovery, and mitigation in 
communities affected by disasters designated by the President 
between August 31, 2003 and October 1, 2004, except those 
activities reimbursable by the Federal Emergency Management 
Agency or available through the Small Business Administration, 
and for reimbursement for expenditures incurred from the 
regular Community Development Block Grant formula allocation 
used to achieve these same purposes, $150,000,000, to remain 
available until September 30, 2007: Provided, That the amounts 
provided herein are designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as 
made applicable to the House of Representatives by H. Res. 649 
(108th Congress) and applicable to the Senate by section 14007 
of Public Law 108-287: Provided further, That all funds under 
this heading shall be awarded by the Secretary to states 
(including Indian tribes for all purposes under this heading) 
to be administered by each state in conjunction with its 
community development block grants program: Provided further, 
That notwithstanding 42 U.S.C. 5306(d)(2), states are 
authorized to provide such assistance to entitlement 
communities: Provided further, That in administering these 
funds, the Secretary may waive, or specify alternative 
requirements for, any provision of any statute or regulation 
that the Secretary administers in connection with the 
obligation by the Secretary or the use by the recipient of 
these funds (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment), upon 
a finding that such waiver is required to facilitate the use of 
such funds, and would not be inconsistent with the overall 
purpose of the statute: Provided further, That the Secretary 
may waive the requirements that activities benefit persons of 
low and moderate income, except that at least 50 percent of the 
funds under this heading must benefit primarily persons of low 
and moderate income unless the Secretary makes a finding of 
compelling need: Provided further, That the Secretary shall 
publish in the Federal Register any waiver of any statute or 
regulation authorized under this heading no later than 5 days 
before the effective date of such waiver: Provided further, 
That any project or activity underway prior to a Presidential 
disaster declaration may not receive funds under this heading 
unless the disaster directly impacted the project: Provided 
further, That each state shall provide not less than 10 percent 
in non-Federal public matching funds or its equivalent value 
(other than administrative costs) for any funds allocated to 
the state under this heading.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                        BUILDINGS AND FACILITIES

    For an additional amount for ``Buildings and facilities'' 
for expenses related to recent natural disasters, $3,000,000, 
to remain available until September 30, 2006: Provided, That 
the amounts provided herein are designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287.

             National Aeronautics and Space Administration

                       SPACE FLIGHT CAPABILITIES

    For an additional amount for ``Space flight capabilities'', 
to repair assets damaged and take other emergency measures due 
to the effects of hurricanes and other disasters declared by 
the President, $126,000,000, to remain available until 
expended: Provided, That the amounts provided herein are 
designated as an emergency requirement pursuant to section 402 
of S. Con. Res. 95 (108th Congress), as made applicable to the 
House of Representatives by H. Res. 649 (108th Congress) and 
applicable to the Senate by section 14007 of Public Law 108-
287.

                    GENERAL PROVISION--THIS CHAPTER

                          (TRANSFER OF FUNDS)

    Sec. 1101. From funds that are available in the unobligated 
balances of any funds appropriated under ``Medical services'', 
for fiscal year 2004, the Secretary of Veterans Affairs may 
transfer up to $125,000,000 to ``General operating expenses'', 
for costs associated with processing claims where the basis of 
the entitlement is claimed disability incurred as a result of a 
veteran's service, subject
to a determination by the Secretary of Veterans Affairs that 
such additional funds are necessary.

                               CHAPTER 12

                      GENERAL PROVISION--THIS ACT

    Sec. 1201. No part of any appropriation contained in this 
Act shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein.
    This division may be cited as the ``Emergency Supplemental 
Appropriations for Hurricane Disasters Assistance Act, 2005''.

                DIVISION C--ALASKA NATURAL GAS PIPELINE

SEC. 101. SHORT TITLE.

    This division may be cited as the ``Alaska Natural Gas 
Pipeline Act''.

SEC. 102. DEFINITIONS.

    In this division:
            (1) Alaska natural gas.--The term ``Alaska natural 
        gas'' means natural gas derived from the area of the 
        State of Alaska lying north of 64 degrees north 
        latitude.
            (2) Alaska natural gas transportation project.--The 
        term ``Alaska natural gas transportation project'' 
        means any natural gas pipeline system that carries 
        Alaska natural gas to the border between Alaska and 
        Canada (including related facilities subject to the 
        jurisdiction of the Commission) that is authorized 
        under--
                    (A) the Alaska Natural Gas Transportation 
                Act of 1976 (15 U.S.C. 719 et seq.); or
                    (B) section 103.
            (3) Alaska natural gas transportation system.--The 
        term ``Alaska natural gas transportation system'' means 
        the Alaska natural gas transportation project 
        authorized under the Alaska Natural Gas Transportation 
        Act of 1976 (15 U.S.C. 719 et seq.) and designated and 
        described in section 2 of the President's decision.
            (4) Commission.--The term ``Commission'' means the 
        Federal Energy Regulatory Commission.
            (5) Federal coordinator.--The term ``Federal 
        Coordinator'' means the head of the Office of the 
        Federal Coordinator for Alaska Natural Gas 
        Transportation Projects established by section 106(a).
            (6) President's decision.--The term ``President's 
        decision'' means the decision and report to Congress on 
        the Alaska natural gas transportation system--
                    (A) issued by the President on September 
                22, 1977, in accordance with section 7 of the 
                Alaska Natural Gas Transportation Act of 1976 
                (15 U.S.C. 719e); and
                    (B) approved by Public Law 95-158 (15 
                U.S.C. 719f note; 91 Stat. 1268).
            (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.
            (8) State.--The term ``State'' means the State of 
        Alaska.

SEC. 103. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.

    (a) Authority of the Commission.--Notwithstanding the 
Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et 
seq.), the Commission may, in accordance with section 7(c) of 
the Natural Gas Act (15 U.S.C. 717f(c)), consider and act on an 
application for the issuance of a certificate of public 
convenience and necessity authorizing the construction and 
operation of an Alaska natural gas transportation project other 
than the Alaska natural gas transportation system.
    (b) Issuance of Certificate.--
            (1) In general.--The Commission shall issue a 
        certificate of public convenience and necessity 
        authorizing the construction and operation of an Alaska 
        natural gas transportation project under this section 
        if the applicant has satisfied the requirements of 
        section 7(e) of the Natural Gas Act (15 U.S.C. 
        717f(e)).
            (2) Considerations.--In considering an application 
        under this section, the Commission shall presume that--
                    (A) a public need exists to construct and 
                operate the proposed Alaska natural gas 
                transportation project; and
                    (B) sufficient downstream capacity will 
                exist to transport the Alaska natural gas 
                moving through the project to markets in the 
                contiguous United States.
    (c) Expedited Approval Process.--Not later than 60 days 
after the date of issuance of the final environmental impact 
statement under section 104 for an Alaska natural gas 
transportation project, the Commission shall issue a final 
order granting or denying any application for a certificate of 
public convenience and necessity for the project under section 
7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) and this 
section.
    (d) Prohibition of Certain Pipeline Route.--No license, 
permit, lease, right-of-way, authorization, or other approval 
required under Federal law for the construction of any pipeline 
to transport natural gas from land within the Prudhoe Bay oil 
and gas lease area may be granted for any pipeline that follows 
a route that--
            (1) traverses land beneath navigable waters (as 
        defined in section 2 of the Submerged Lands Act (43 
        U.S.C. 1301)) beneath, or the adjacent shoreline of, 
        the Beaufort Sea; and
            (2) enters Canada at any point north of 68 degrees 
        north latitude.
    (e) Open Season.--
            (1) In general.--Not later than 120 days after the 
        date of enactment of this Act, the Commission shall 
        issue regulations governing the conduct of open seasons 
        for Alaska natural gas transportation projects 
        (including procedures for the allocation of capacity).
            (2) Regulations.--The regulations referred to in 
        paragraph (1) shall--
                    (A) include the criteria for and timing of 
                any open seasons;
                    (B) promote competition in the exploration, 
                development, and production of Alaska natural 
                gas; and
                    (C) for any open season for capacity 
                exceeding the initial capacity, provide the 
                opportunity for the transportation of natural 
                gas other than from the Prudhoe Bay and Point 
                Thomson units.
            (3) Applicability.--Except in a case in which an 
        expansion is ordered in accordance with section 105, 
        initial or expansion capacity on any Alaska natural gas 
        transportation project shall be allocated in accordance 
        with procedures to be established by the Commission in 
        regulations issued under paragraph (1).
    (f) Projects in the Contiguous United States.--
            (1) In general.--An application for additional or 
        expanded pipeline facilities that may be required to 
        transport Alaska natural gas from Canada to markets in 
        the contiguous United States may be made in accordance 
        with the Natural Gas Act (15 U.S.C. 717a et seq.).
            (2) Expansion.--To the extent that a pipeline 
        facility described in paragraph (1) includes the 
        expansion of any facility constructed in accordance 
        with the Alaska Natural Gas Transportation Act of 1976 
        (15 U.S.C. 719 et seq.), that Act shall continue to 
        apply.
    (g) Study of In-State Needs.--The holder of the certificate 
of public convenience and necessity issued, modified, or 
amended by the Commission for an Alaska natural gas 
transportation project shall demonstrate that the holder has 
conducted a study of Alaska in-State needs, including tie-in 
points along the Alaska natural gas transportation project for 
in-State access.
    (h) Alaska Royalty Gas.--
            (1) In general.--Except as provided in paragraph 
        (2), the Commission, on a request by the State and 
        after a hearing, may provide for reasonable access to 
        the Alaska natural gas transportation project by the 
        State (or State designee) for the transportation of 
        royalty gas of the State for the purpose of meeting 
        local consumption needs within the State.
            (2) Exception.--The rates of shippers of subscribed 
        capacity on an Alaska natural gas transportation 
        project described in paragraph (1), as in effect as of 
        the date on which access under that paragraph is 
        granted, shall not be increased as a result of such 
        access.
    (i) Regulations.--The Commission may issue such regulations 
as are necessary to carry out this section.

SEC. 104. ENVIRONMENTAL REVIEWS.

    (a) Compliance With NEPA.--The issuance of a certificate of 
public convenience and necessity authorizing the construction 
and operation of any Alaska natural gas transportation project 
under section 103 shall be treated as a major Federal action 
significantly affecting the quality of the human environment 
within the meaning of section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
    (b) Designation of Lead Agency.--
            (1) In general.--The Commission--
                    (A) shall be the lead agency for purposes 
                of complying with the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.); 
                and
                    (B) shall be responsible for preparing the 
                environmental impact statement required by 
                section 102(2)(c) of that Act (42 U.S.C. 
                4332(2)(c)) with respect to an Alaska natural 
                gas transportation project under section 103.
            (2) Consolidation of statements.--In carrying out 
        paragraph (1), the Commission shall prepare a single 
        environmental impact statement, which shall consolidate 
        the environmental reviews of all Federal agencies 
        considering any aspect of the Alaska natural gas 
        transportation project covered by the environmental 
        impact statement.
    (c) Other Agencies.--
            (1) In general.--Each Federal agency considering an 
        aspect of the construction and operation of an Alaska 
        natural gas transportation project under section 103 
        shall--
                    (A) cooperate with the Commission; and
                    (B) comply with deadlines established by 
                the Commission in the preparation of the 
                environmental impact statement under this 
                section.
            (2) Satisfaction of nepa requirements.--The 
        environmental impact statement prepared under this 
        section shall be adopted by each Federal agency 
        described in paragraph (1) in satisfaction of the 
        responsibilities of the Federal agency under section 
        102(2)(C) of the National Environmental Policy Act of 
        1969 (42 U.S.C. 4332(2)(C)) with respect to the Alaska 
        natural gas transportation project covered by the 
        environmental impact statement.
    (d) Expedited Process.--The Commission shall--
            (1) not later than 1 year after the Commission 
        determines that the application under section 103 with 
        respect to an Alaska natural gas transportation project 
        is complete, issue a draft environmental impact 
        statement under this section; and
            (2) not later than 180 days after the date of 
        issuance of the draft environmental impact statement, 
        issue a final environmental impact statement, unless 
        the Commission for good cause determines that 
        additional time is needed.

SEC. 105. PIPELINE EXPANSION.

    (a) Authority.--With respect to any Alaska natural gas 
transportation project, on a request by 1 or more persons and 
after giving notice and an opportunity for a hearing, the 
Commission may order the expansion of the Alaska natural gas 
project if the Commission determines that such an expansion is 
required by the present and future public convenience and 
necessity.
    (b) Responsibilities of Commission.--Before ordering an 
expansion under subsection (a), the Commission shall--
            (1) approve or establish rates for the expansion 
        service that are designed to ensure the recovery, on an 
        incremental or rolled-in basis, of the cost associated 
        with the expansion (including a reasonable rate of 
        return on investment);
            (2) ensure that the rates do not require existing 
        shippers on the Alaska natural gas transportation 
        project to subsidize expansion shippers;
            (3) find that a proposed shipper will comply with, 
        and the proposed expansion and the expansion of service 
        will be undertaken and implemented based on, terms and 
        conditions consistent with the tariff of the Alaska 
        natural gas transportation project in effect as of the 
        date of the expansion;
            (4) find that the proposed facilities will not 
        adversely affect the financial or economic viability of 
        the Alaska natural gas transportation project;
            (5) find that the proposed facilities will not 
        adversely affect the overall operations of the Alaska 
        natural gas transportation project;
            (6) find that the proposed facilities will not 
        diminish the contract rights of existing shippers to 
        previously subscribed certificated capacity;
            (7) ensure that all necessary environmental reviews 
        have been completed; and
            (8) find that adequate downstream facilities exist 
        or are expected to exist to deliver incremental Alaska 
        natural gas to market.
    (c) Requirement for a Firm Transportation Agreement.--Any 
order of the Commission issued in accordance with this section 
shall be void unless the person requesting the order executes a 
firm transportation agreement with the Alaska natural gas 
transportation project within such reasonable period of time as 
the order may specify.
    (d) Limitation.--Nothing in this section expands or 
otherwise affects any authority of the Commission with respect 
to any natural gas pipeline located outside the State.
    (e) Regulations.--The Commission may issue such regulations 
as are necessary to carry out this section.

SEC. 106. FEDERAL COORDINATOR.

    (a) Establishment.--There is established, as an independent 
office in the executive branch, the Office of the Federal 
Coordinator for Alaska Natural Gas Transportation Projects.
    (b) Federal Coordinator.--
            (1) Appointment.--The Office shall be headed by a 
        Federal Coordinator for Alaska Natural Gas 
        Transportation Projects, who shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate, to serve a term to last until 1 year following 
        the completion of the project referred to in section 
        103.
            (2) Compensation.--The Federal Coordinator shall be 
        compensated at the rate prescribed for level III of the 
        Executive Schedule (5 U.S.C. 5314).
    (c) Duties.--The Federal Coordinator shall be responsible 
for--
            (1) coordinating the expeditious discharge of all 
        activities by Federal agencies with respect to an 
        Alaska natural gas transportation project; and
            (2) ensuring the compliance of Federal agencies 
        with the provisions of this division.
    (d) Reviews and Actions of Other Federal Agencies.--
            (1) Expedited reviews and actions.--All reviews 
        conducted and actions taken by any Federal agency 
        relating to an Alaska natural gas transportation 
        project authorized under this section shall be 
        expedited, in a manner consistent with completion of 
        the necessary reviews and approvals by the deadlines 
        under this division.
            (2) Prohibition of certain terms and conditions.--
        No Federal agency may include in any certificate, 
        right-of-way, permit, lease, or other authorization 
        issued to an Alaska natural gas transportation project 
        any term or condition that may be permitted, but is not 
        required, by any applicable law if the Federal 
        Coordinator determines that the term or condition would 
        prevent or impair in any significant respect the 
        expeditious construction and operation, or an 
        expansion, of the Alaska natural gas transportation 
        project.
            (3) Prohibition of certain actions.--Unless 
        required by law, no Federal agency shall add to, amend, 
        or abrogate any certificate, right-of-way, permit, 
        lease, or other authorization issued to an Alaska 
        natural gas transportation project if the Federal 
        Coordinator determines that the action would prevent or 
        impair in any significant respect the expeditious 
        construction and operation, or an expansion, of the 
        Alaska natural gas transportation project.
            (4) Limitation.--The Federal Coordinator shall not 
        have authority to--
                    (A) override--
                            (i) the implementation or 
                        enforcement of regulations issued by 
                        the Commission under section 103; or
                            (ii) an order by the Commission to 
                        expand the project under section 105; 
                        or
                    (B) impose any terms, conditions, or 
                requirements in addition to those imposed by 
                the Commission or any agency with respect to 
                construction and operation, or an expansion of, 
                the project.
    (e) State Coordination.--
            (1) In general.--The Federal Coordinator and the 
        State shall enter into a joint surveillance and 
        monitoring agreement similar to the agreement in effect 
        during construction of the Trans-Alaska Pipeline, to be 
        approved by the President and the Governor of the 
        State, for the purpose of monitoring the construction 
        of the Alaska natural gas transportation project.
            (2) Primary responsibility.--With respect to an 
        Alaska natural gas transportation project--
                    (A) the Federal Government shall have 
                primary surveillance and monitoring 
                responsibility in areas where the Alaska 
                natural gas transportation project crosses 
                Federal land or private land; and
                    (B) the State government shall have primary 
                surveillance and monitoring responsibility in 
                areas where the Alaska natural gas 
                transportation project crosses State land.
    (f) Transfer of Federal Inspector Functions and 
Authority.--On appointment of the Federal Coordinator by the 
President, all of the functions and authority of the Office of 
Federal Inspector of Construction for the Alaska Natural Gas 
Transportation System vested in the Secretary under section 
3012(b) of the Energy Policy Act of 1992 (15 U.S.C. 719e note; 
Public Law 102-486), including all functions and authority 
described and enumerated in the Reorganization Plan No. 1 of 
1979 (44 Fed. Reg. 33663), Executive Order No. 12142 of June 
21, 1979 (44 Fed. Reg. 36927), and section 5 of the President's 
decision, shall be transferred to the Federal Coordinator.
    (g) Temporary Authority.--The functions, authorities, 
duties, and responsibilities of the Federal Coordinator shall 
be vested in the Secretary until the later of the appointment 
of the Federal Coordinator by the President, or 18 months after 
the date of enactment of this Act.

SEC. 107. JUDICIAL REVIEW.

    (a) Exclusive Jurisdiction.--Except for review by the 
Supreme Court on writ of certiorari, the United States Court of 
Appeals for the District of Columbia Circuit shall have 
original and exclusive jurisdiction to determine--
            (1) the validity of any final order or action 
        (including a failure to act) of any Federal agency or 
        officer under this division;
            (2) the constitutionality of any provision of this 
        title, or any decision made or action taken under this 
        division; or
            (3) the adequacy of any environmental impact 
        statement prepared under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) with 
        respect to any action under this division.
    (b) Deadline for Filing Claim.--A claim arising under this 
division may be brought not later than 60 days after the date 
of the decision or action giving rise to the claim.
    (c) Expedited Consideration.--The United States Court of 
Appeals for the District of Columbia Circuit shall set any 
action brought under subsection (a) for expedited 
consideration, taking into account the national interest of 
enhancing national energy security by providing access to the 
significant gas reserves in Alaska needed to meet the 
anticipated demand for natural gas.
    (d) Amendment of the Alaska Natural Gas Transportation Act 
of 1976.--Section 10(c) of the Alaska Natural Gas 
Transportation Act of 1976 (15 U.S.C. 719h) is amended--
            (1) by striking ``(c)(1) A claim'' and inserting 
        the following:
    ``(c) Jurisdiction.--
            ``(1) Special courts.--
                    ``(A) In general.--A claim'';
            (2) by striking ``Such court shall have'' and 
        inserting the following:
                    ``(B) Exclusive jurisdiction.--The Special 
                Court shall have'';
            (3) by inserting after paragraph (1) the following:
            ``(2) Expedited consideration.--The Special Court 
        shall set any action brought under this section for 
        expedited consideration, taking into account the 
        national interest described in section 2.''; and
            (4) in paragraph (3), by striking ``(3) The 
        enactment'' and inserting the following:
            ``(3) Environmental impact statements.--The 
        enactment''.

SEC. 108. STATE JURISDICTION OVER IN-STATE DELIVERY OF NATURAL GAS.

    (a) Local Distribution.--Any facility receiving natural gas 
from an Alaska natural gas transportation project for delivery 
to consumers within the State--
            (1) shall be deemed to be a local distribution 
        facility within the meaning of section 1(b) of the 
        Natural Gas Act (15 U.S.C. 717(b)); and
            (2) shall not be subject to the jurisdiction of the 
        Commission.
    (b) Additional Pipelines.--Except as provided in section 
103(d), nothing in this division shall preclude or otherwise 
affect a future natural gas pipeline that may be constructed to 
deliver natural gas to Fairbanks, Anchorage, Matanuska-Susitna 
Valley, or the Kenai peninsula or Valdez or any other site in 
the State for consumption within or distribution outside the 
State.
    (c) Rate Coordination.--
            (1) In general.--In accordance with the Natural Gas 
        Act (15 U.S.C. 717a et seq.), the Commission shall 
        establish rates for the transportation of natural gas 
        on any Alaska natural gas transportation project.
            (2) Consultation.--In carrying out paragraph (1), 
        the Commission, in accordance with section 17(b) of the 
        Natural Gas Act (15 U.S.C. 717p(b)), shall consult with 
        the State regarding rates (including rate settlements) 
        applicable to natural gas transported on and delivered 
        from the Alaska natural gas transportation project for 
        use within the State.

SEC. 109. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.

    (a) Requirement of Study.--If no application for the 
issuance of a certificate or amended certificate of public 
convenience and necessity authorizing the construction and 
operation of an Alaska natural gas transportation project has 
been filed with the Commission by the date that is 18 months 
after the date of enactment of this Act, the Secretary shall 
conduct a study of alternative approaches to the construction 
and operation of such an Alaska natural gas transportation 
project.
    (b) Scope of Study.--The study under subsection (a) shall 
take into consideration the feasibility of--
            (1) establishing a Federal Government corporation 
        to construct an Alaska natural gas transportation 
        project; and
            (2) securing alternative means of providing Federal 
        financing and ownership (including alternative 
        combinations of Government and private corporate 
        ownership) of the Alaska natural gas transportation 
        project.
    (c) Consultation.--In conducting the study under subsection 
(a), the Secretary shall consult with the Secretary of the 
Treasury and the Secretary of the Army (acting through the 
Chief of Engineers).
    (d) Report.--On completion of any study under subsection 
(a), the Secretary shall submit to Congress a report that 
describes--
            (1) the results of the study; and
            (2) any recommendations of the Secretary (including 
        proposals for legislation to implement the 
        recommendations).

SEC. 110. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.

    (a) Savings Clause.--Nothing in this division affects--
            (1) any decision, certificate, permit, right-of-
        way, lease, or other authorization issued under section 
        9 of the Alaska Natural Gas Transportation Act of 1976 
        (15 U.S.C. 719g); or
            (2) any Presidential finding or waiver issued in 
        accordance with that Act.
    (b) Clarification of Authority To Amend Terms and 
Conditions To Meet Current Project Requirements.--Any Federal 
agency responsible for granting or issuing any certificate, 
permit, right-of-way, lease, or other authorization under 
section 9 of the Alaska Natural Gas Transportation Act of 1976 
(15 U.S.C. 719g) may add to, amend, or rescind any term or 
condition included in the certificate, permit, right-of-way, 
lease, or other authorization to meet current project 
requirements (including the physical design, facilities, and 
tariff specifications), if the addition, amendment, or 
rescission--
            (1) would not compel any change in the basic nature 
        and general route of the Alaska natural gas 
        transportation system as designated and described in 
        section 2 of the President's decision; or
            (2) would not otherwise prevent or impair in any 
        significant respect the expeditious construction and 
        initial operation of the Alaska natural gas 
        transportation system.
    (c) Updated Environmental Reviews.--The Secretary shall 
require the sponsor of the Alaska natural gas transportation 
system to submit such updated environmental data, reports, 
permits, and impact analyses as the Secretary determines are 
necessary to develop detailed terms, conditions, and compliance 
plans required by section 5 of the President's decision.

SEC. 111. SENSE OF CONGRESS CONCERNING USE OF STEEL MANUFACTURED IN 
                    NORTH AMERICA NEGOTIATION OF A PROJECT LABOR 
                    AGREEMENT.

    It is the sense of Congress that--
            (1) an Alaska natural gas transportation project 
        would provide significant economic benefits to the 
        United States and Canada; and
            (2) to maximize those benefits, the sponsors of the 
        Alaska natural gas transportation project should make 
        every effort to--
                    (A) use steel that is manufactured in North 
                America; and
                    (B) negotiate a project labor agreement to 
                expedite construction of the pipeline.

SEC. 112. SENSE OF CONGRESS AND STUDY CONCERNING PARTICIPATION BY SMALL 
                    BUSINESS CONCERNS.

    (a) Definition of Small Business Concern.--In this section, 
the term ``small business concern'' has the meaning given the 
term in section 3(a) of the Small Business Act (15 U.S.C. 
632(a)).
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) an Alaska natural gas transportation project 
        would provide significant economic benefits to the 
        United States and Canada; and
            (2) to maximize those benefits, the sponsors of the 
        Alaska natural gas transportation project should 
        maximize the participation of small business concerns 
        in contracts and subcontracts awarded in carrying out 
        the project.
    (c) Study.--
            (1) In general.--The Comptroller General of the 
        United States shall conduct a study to determine the 
        extent to which small business concerns participate in 
        the construction of oil and gas pipelines in the United 
        States.
            (2) Report.--Not later than 1 year after the date 
        of enactment of this Act, the Comptroller General shall 
        submit to Congress a report that describes results of 
        the study under paragraph (1).
            (3) Updates.--The Comptroller General shall--
                    (A) update the study at least once every 5 
                years until construction of an Alaska natural 
                gas transportation project is completed; and
                    (B) on completion of each update, submit to 
                Congress a report containing the results of the 
                update.

SEC. 113. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.

    (a) Program.--
            (1) Establishment.--The Secretary of Labor (in this 
        section referred to as the ``Secretary'') shall make 
        grants to the Alaska Workforce Investment Board--
                    (A) to recruit and train adult and 
                dislocated workers in Alaska, including Alaska 
                Natives, in the skills required to construct 
                and operate an Alaska gas pipeline system; and
                    (B) for the design and construction of a 
                training facility to be located in Fairbanks, 
                Alaska, to support an Alaska gas pipeline 
                training program.
            (2) Coordination with existing programs.--The 
        training program established with the grants authorized 
        under paragraph (1) shall be consistent with the vision 
        and goals set forth in the State of Alaska Unified 
        Plan, as developed pursuant to the Workforce Investment 
        Act of 1998 (29 U.S.C. 2801 et seq.).
    (b) Requirements for Grants.--The Secretary shall make a 
grant under subsection (a) only if--
            (1) the Governor of the State of Alaska requests 
        the grant funds and certifies in writing to the 
        Secretary that there is a reasonable expectation that 
        the construction of the Alaska natural gas pipeline 
        system will commence by the date that is 2 years after 
        the date of the certification; and
            (2) the Secretary of Energy concurs in writing to 
        the Secretary with the certification made under 
        paragraph (1) after considering--
                    (A) the status of necessary Federal and 
                State permits;
                    (B) the availability of financing for the 
                Alaska natural gas pipeline project; and
                    (C) other relevant factors.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary to carry out this section 
$20,000,000. Not more than 15 percent of the funds may be used 
for the facility described in subsection (a)(1)(B).

SEC. 114. SENSE OF CONGRESS CONCERNING NATURAL GAS DEMAND.

    It is the sense of Congress that--
            (1) North American demand for natural gas will 
        increase dramatically over the course of the next 
        several decades;
            (2) both the Alaska Natural Gas Pipeline and the 
        Mackenzie Delta Natural Gas project in Canada will be 
        necessary to help meet the increased demand for natural 
        gas in North America;
            (3) Federal and State officials should work 
        together with officials in Canada to ensure both 
        projects can move forward in a mutually beneficial 
        fashion;
            (4) Federal and State officials should acknowledge 
        that the smaller scope, fewer permitting requirements, 
        and lower cost of the Mackenzie Delta project means it 
        will most likely be completed before the Alaska Natural 
        Gas Pipeline;
            (5) natural gas production in the 48 contiguous 
        States and Canada will not be able to meet all domestic 
        demand in the coming decades; and
            (6) as a result, natural gas delivered from Alaskan 
        North Slope will not displace or reduce the commercial 
        viability of Canadian natural gas produced from the 
        Mackenzie Delta or production from the 48 contiguous 
        States.

SEC. 115. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.

    It is the sense of Congress that--
            (1) Alaska Native Regional Corporations, companies 
        owned and operated by Alaskans, and individual Alaskans 
        should have the opportunity to own shares of the Alaska 
        natural gas pipeline in a way that promotes economic 
        development for the State; and
            (2) to facilitate economic development in the 
        State, all project sponsors should negotiate in good 
        faith with any willing Alaskan person that desires to 
        be involved in the project.

SEC. 116. LOAN GUARANTEES.

    (a) Authority.--(1) The Secretary may enter into agreements 
with 1 or more holders of a certificate of public convenience 
and necessity issued under section 103(b) of this division or 
section 9 of the Alaska Natural Gas Transportation Act of 1976 
(15 U.S.C. 719g) to issue Federal guarantee instruments with 
respect to loans and other debt obligations for a qualified 
infrastructure project.
    (2) Subject to the requirements of this section, the 
Secretary may also enter into agreements with 1 or more owners 
of the Canadian portion of a qualified infrastructure project 
to issue Federal guarantee instruments with respect to loans 
and other debt obligations for a qualified infrastructure 
project as though such owner were a holder described in 
paragraph (1).
    (3) The authority of the Secretary to issue Federal 
guarantee instruments under this section for a qualified 
infrastructure project shall expire on the date that is 2 years 
after the date on which the final certificate of public 
convenience and necessity (including any Canadian certificates 
of public convenience and necessity) is issued for the project. 
A final certificate shall be considered to have been issued 
when all certificates of public convenience and necessity have 
been issued that are required for the initial transportation of 
commercially economic quantities of natural gas from Alaska to 
the continental United States.
    (b) Conditions.--(1) The Secretary may issue a Federal 
guarantee instrument for a qualified infrastructure project 
only after a certificate of public convenience and necessity 
under section 103(b) of this division or an amended certificate 
under section 9 of the Alaska Natural Gas Transportation Act of 
1976 (15 U.S.C. 719g) has been issued for the project.
    (2) The Secretary may issue a Federal guarantee instrument 
under this section for a qualified infrastructure project only 
if the loan or other debt obligation guaranteed by the 
instrument has been issued by an eligible lender.
    (3) The Secretary shall not require as a condition of 
issuing a Federal guarantee instrument under this section any 
contractual commitment or other form of credit support of the 
sponsors (other than equity contribution commitments and 
completion guarantees), or any throughput or other guarantee 
from prospective shippers greater than such guarantees as shall 
be required by the project owners.
    (c) Limitations on Amounts.--(1) The amount of loans and 
other debt obligations guaranteed under this section for a 
qualified infrastructure project shall not exceed 80 percent of 
the total capital costs of the project, including interest 
during construction.
    (2) The principal amount of loans and other debt 
obligations guaranteed under this section shall not exceed, in 
the aggregate, $18,000,000,000, which amount shall be indexed 
for United States dollar inflation from the date of enactment 
of this Act, as measured by the Consumer Price Index.
    (d) Loan Terms and Fees.--(1) The Secretary may issue 
Federal guarantee instruments under this section that take into 
account repayment profiles and grace periods justified by 
project cash flows and project-specific considerations. The 
term of any loan guaranteed under this section shall not exceed 
30 years.
    (2) An eligible lender may assess and collect from the 
borrower such other fees and costs associated with the 
application and origination of the loan or other debt 
obligation as are reasonable and customary for a project 
finance transaction in the oil and gas sector.
    (e) Regulations.--The Secretary may issue regulations to 
carry out this section.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated such sums as may be necessary to cover the 
cost of loan guarantees under this section, as defined by 
section 502(5) of the Federal Credit Reform Act of 1990 (2 
U.S.C. 661a(5)). Such sums shall remain available until 
expended.
    (g) Definitions.--In this section:
            (1) Consumer price index.--The term ``Consumer 
        Price Index'' means the Consumer Price Index for all-
        urban consumers, United States city average, as 
        published by the Bureau of Labor Statistics, or if such 
        index shall cease to be published, any successor index 
        or reasonable substitute thereof.
            (2) Eligible lender.--The term ``eligible lender'' 
        means any non-Federal qualified institutional buyer (as 
        defined by section 230.144A(a) of title 17, Code of 
        Federal Regulations (or any successor regulation), 
        known as Rule 144A(a) of the Securities and Exchange 
        Commission and issued under the Securities Act of 
        1933), including--
                    (A) a qualified retirement plan (as defined 
                in section 4974(c) of the Internal Revenue Code 
                of 1986 (26 U.S.C. 4974(c)) that is a qualified 
                institutional buyer; and
                    (B) a governmental plan (as defined in 
                section 414(d) of the Internal Revenue Code of 
                1986 (26 U.S.C. 414(d)) that is a qualified 
                institutional buyer.
            (3) Federal guarantee instrument.--The term 
        ``Federal guarantee instrument'' means any guarantee or 
        other pledge by the Secretary to pledge the full faith 
        and credit of the United States to pay all of the 
        principal and interest on any loan or other debt 
        obligation entered into by a holder of a certificate of 
        public convenience and necessity.
            (4) Qualified infrastructure project.--The term 
        ``qualified infrastructure project'' means an Alaskan 
        natural gas transportation project consisting of the 
        design, engineering, finance, construction, and 
        completion of pipelines and related transportation and 
        production systems (including gas treatment plants), 
        and appurtenances thereto, that are used to transport 
        natural gas from the Alaska North Slope to the 
        continental United States.

    And the Senate agree to the same.

                                   Joe Knollenberg,
                                   James T. Walsh,
                                   Robert B. Aderholt,
                                   Kay Granger,
                                   Virgil Goode,
                                   David Vitter,
                                   Jack Kingston,
                                   Ander Crenshaw,
                                   Bill Young,
                                   Chet Edwards,
                                   Sam Farr,
                                   Allen Boyd,
                                   Sanford D. Bishop, Jr.,
                                   Norman D. Dicks,
                                 Managers on the Part of the House.

                                   Kay Bailey Hutchison,
                                   Conrad Burns,
                                   Larry E. Craig,
                                   Mike DeWine,
                                   Sam Brownback,
                                   Ted Stevens,
                                   Dianne Feinstein,
                                   Daniel K. Inouye,
                                   Tim Johnson,
                                   Mary L. Landrieu,
                                   Robert C. Byrd,
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 4837) making 
appropriations for Military Construction, Family Housing, and 
Base Realignment and Closure for the Department of Defense for 
the fiscal year ending September 30, 2005, and for other 
purposes, submit the following joint statement to the House of 
Representatives and the Senate in explanation of the effect of 
the action agreed upon by the managers and recommended in the 
accompanying conference report.
      This conference report includes, in addition to the 
Military Construction Appropriations Act, 2005, Division B--
Emergency Supplemental Appropriations for Hurricane Disaster 
Assistance Act, 2005, and Division C--Alaska Natural Gas 
Pipeline.

       DIVISION A--MILITARY CONSTRUCTION APPROPRIATIONS ACT, 2005

                       Items of General Interest

      Matters Addressed by Only One Committee.--The language 
and allocations set forth in House Report 108-607 and Senate 
Report 108-309 should be complied with unless specifically 
addressed to the contrary in the conference report and 
statement of the managers. Report language included by the 
House which is not changed by the report of the Senate or the 
conference, and Senate report language which is not changed by 
the conference is approved by the committee of conference. The 
statement of the managers, while repeating some report language 
for emphasis, does not intend to negate the language referred 
to above unless expressly provided herein. In cases where the 
House or the Senate have directed the submission of a report 
from the Department of Defense, such report is to be submitted 
to both the House and the Senate Committees on Appropriations.
      Audit Trail Documents.--The conferees direct the 
Department of Defense to continue the semi-annual submission of 
audit trail documents, a practice reinstated by the fiscal year 
2004 Military Construction Appropriations conference report. 
The conferees emphasize that the documents shall describe the 
following: the appropriated amount, the amount formally 
reprogrammed, the amount of below threshold reprogramming, the 
current funded level, the contract award date, the contract 
amount, and the current working estimate, along with 
explanatory notes as necessary, for each project as budgeted in 
the Construction Annex, as well as projects funded under Minor 
Construction and Family Housing Improvements. All of this 
information shall be described in no more than one line item 
for each project. The audit trail documents shall reflect 
projects from the current fiscal year plus the previous four 
fiscal years.
      Notification Requirements for Changes in Scope.--Title 
10, Section 2853 of U.S. Code states that ``the scope of work 
for a military construction project or for the construction, 
improvement, and acquisition of a military family housing 
project may be reduced by not more than 25 percent from the 
amount approved for that project, construction, improvement, or 
acquisition by Congress'' subject to certain limitations, one 
of which is notification of Congressional Committees. It is the 
understanding of the conferees that the services have 
interpreted this provision to mean that scope reduction 
notification is required only when a reduction is made to 
engineering based attributes such as square footage. The 
conferees emphasize that scope reduction notification also 
applies when a reduction of 25 percent or more is taken from 
the amount appropriated for a project. The conferees also 
emphasize that scope reductions in excess of 25 percent may not 
be made until the appropriate Congressional Committees have 
been notified and a 21-day period has elapsed. The notification 
is a statutory requirement independent of any reprogramming 
request and must precede by at least 21 days any request to 
reprogram funds that are excess to a project due to a scope 
reduction.
      This corrected understanding of the requirement is 
necessary to ensure transparency in the military construction 
program and to restore the ability of Congress to exercise 
proper oversight of appropriated funds for military 
construction. For example, the Army reduced a barracks project 
at Camp Hovey, Korea, from $26,000,000 to $17,000,000, a 35 
percent reduction and well above the 25 percent threshold. 
Congress often learns of these scope reductions only when the 
services submit reprogramming requests to use the savings for 
other projects. The conferees therefore agree that it is highly 
necessary to clarify the scope reduction requirement.

                      Military Construction, Army

                        (INCLUDING RESCISSIONS)

      The conference agreement appropriates $1,981,084,000 for 
Military Construction, Army, instead of $1,862,854,000 as 
proposed by the House and $1,977,166,000 as proposed by the 
Senate. Within this amount, the conference agreement provides 
$156,999,000 for study, planning, design, architect and 
engineer services, and host nation support instead of 
$140,554,000 as proposed by the House and $166,216,000 as 
proposed by the Senate. The conference agreement also rescinds 
$18,976,000 from funds previously provided to this account as 
follows: 


             Military Construction, Navy, And Marine Corps

                         (INCLUDING RESCISSION)

      The conference agreement appropriates $1,069,947,000 for 
Military Construction, Navy and Marine Corps, instead of 
$1,081,042,000 as proposed by the House and $1,016,315,000 as 
proposed by the Senate. Within this amount, the conference 
agreement provides $90,830,000 for study, planning, design, 
architect and engineer services instead of $93,284,000 as 
proposed by the House and $110,277,000 as proposed by the 
Senate. The conference agreement also rescinds $24,000,000 from 
funds previously provided to this account as follows: 


      The conferees direct the Secretary of the Navy to report 
by February 15, 2005 on efforts to incorporate reserve 
component requirements into land disposal agreements resulting 
from the closure of Naval Air Station Roosevelt Roads, Puerto 
Rico.
      California-North Island Special Operations Forces Ground 
Mobility Support Building.--The conferees are aware of the City 
of Coronado's goal to expedite military personnel traffic to 
and from the base through the construction of the State Route 
75 Corridor Tunnel from the western terminus of the San Diego-
Coronado Bridge directly into the Naval Air Station, North 
Island. The conferees urge the Navy to ensure that the Base 
Main Gate and Entrance Street project is fully compatible with 
the design for the State Route 75 Corridor Tunnel.

                    Military Construction, Air Force

                         (INCLUDING RESCISSION)

      The conference agreement appropriates $866,331,000 for 
Military Construction, Air Force, instead of $797,865,000 as 
proposed by the House and $841,131,000 as proposed by the 
Senate. Within this amount, the conference agreement provides 
$130,711,000 for study, planning, design, architect and 
engineer services instead of $165,367,000 as proposed by the 
House and $180,507,000 as proposed by the Senate. The 
conference agreement also rescinds $21,800,000 from funds 
previously provided to this account as follows: 


                  Military Construction, Defense-Wide

             (INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)

      The conference agreement appropriates $686,055,000 for 
Military Construction, Defense-wide, instead of $718,837,000 as 
proposed by the House and $696,491,000 as proposed by the 
Senate. Within this amount, the conference agreement provides 
$62,800,000 for study, planning, design, architect and engineer 
services instead of $63,482,000 as proposed by the House and 
$66,336,000 as proposed by the Senate. The conference agreement 
also rescinds $22,737,000 from funds previously provided to 
this account as follows: 


      The conference agreement provides $50,000,000 for the 
Energy Conservation Improvement Program as proposed by the 
House instead of $60,000,000 as proposed by the Senate.

               Military Construction, Army National Guard

      The conference agreement appropriates $446,748,000 for 
Military Construction, Army National Guard, instead of 
$394,100,000 as proposed by the House and $381,765,000 as 
proposed by the Senate. The conference agreement does not 
include a provision proposed by the House to earmark funds for 
planning and design activities. The Senate bill contained no 
similar provision.
      Georgia-Army National Guard Armory, Fulton County 
Airport-Brown Field.--The conferees agree that within funds 
provided for planning and design in this account, $100,000 
shall be made available to conduct a feasibility study on the 
relocation of this armory to Dobbins Air Reserve Base, Georgia.

               Military Construction, Air National Guard

                         (INCLUDING RESCISSION)

      The conference agreement appropriates $243,043,000 for 
Military Construction, Air National Guard, instead of 
$180,533,000 as proposed by the House and $231,083,000 as 
proposed by the Senate. The conference agreement does not 
include a provision proposed by the House to earmark funds for 
planning and design activities. The Senate bill contained no 
similar provision. The conference agreement also rescinds 
$5,000,000 from funds previously provided to this account as 
follows: 


                  Miltiary Construction, Army Reserve

      The conference agreement appropriates $92,377,000 for 
Military Construction, Army Reserve, instead of $116,521,000 as 
proposed by the House and $66,325,000 as proposed by the 
Senate. The conference agreement does not include a provision 
proposed by the House to earmark funds for planning and design 
activities. The Senate bill contained no similar provision.

                  Military Construction, Naval Reserve

      The conference agreement appropriates $44,246,000 for 
Military Construction, Naval Reserve, instead of $30,955,000 as 
proposed by the House and $33,735,000 as proposed by the 
Senate. The conference agreement does not include a provision 
proposed by the House to earmark funds for planning and design 
activities. The Senate bill contained no similar provision.

                Military Construction, Air Force Reserve

      The conference agreement appropriates $123,977,000 for 
Military Construction, Air Force Reserve, instead of 
$111,725,000 as proposed by the House and $101,373,000 as 
proposed by the Senate. The conference agreement does not 
include a provision proposed by the House to earmark funds for 
planning and design activities. The Senate bill contained no 
similar provision.

     North Atlantic Treaty Organization Security Investment Program

                         (INCLUDING RESCISSION)

      The conference agreement appropriates $165,800,000 for 
the North Atlantic Treaty Organization Security Investment 
Program as proposed by both the House and Senate. The 
conference agreement also includes a rescission of $5,000,000 
from prior appropriations due to the slow spend out rate of the 
program and the recurrence of carryover amounts.

                   Family Housing Construction, Army

                         (INCLUDING RESCISSION)

      The conference agreement appropriates $636,099,000 for 
Family Housing Construction, Army, as proposed by both the 
House and the Senate. The conference agreement also rescinds 
$21,000,000 from funds previously provided to this account.

             Family Housing Operation and Maintenance, Army

      The conference agreement appropriates $926,507,000 for 
Family Housing Operation and Maintenance, Army as proposed by 
the House instead of $928,907,000 as proposed by the Senate. 
The reduction from the President's request shall not be 
construed as prohibiting any routine or emergency repair and 
maintenance work for general officer quarters.

           Family Housing Construction, Navy and Marine Corps

                        (INCLUDING RESCISSIONS)

      The conference agreement appropriates $139,107,000. for 
Family Housing Construction, Navy and Marine Corps as proposed 
by both the House and the Senate. The conference agreement also 
rescinds $12,301,000 from funds previously provided to this 
account. The Navy has identified these funds as no longer being 
necessary to complete the projects in the following table. It 
is the understanding of the conferees that the rescissions will 
not affect the projects for which they were appropriated.


    Family Housing Operation and Maintenance, Navy and Marine Corps

      The conference agreement appropriates $696,304,000 for 
Family Housing Operation and Maintenance, Navy and Marine Corps 
as proposed by the House instead of $704,504,000 as proposed by 
the Senate. The reduction from the President's request shall 
not be construed as prohibiting any routine or emergency repair 
and maintenance work for general and flag officer quarters.

                 Family Housing Construction, Air Force

                        (INCLUDING RESCISSIONS)

      The conference agreement appropriates $846,959,000 for 
Family Housing Construction, Air Force, as proposed by both the 
House and the Senate. The conference agreement rescinds 
$45,171,000 from funds previously provided to this account. The 
Air Force has identified these funds as no longer being 
necessary to complete the projects in the following table. It 
is the understanding of the conferees that the rescissions will 
not affect the projects for which they were appropriated.


          Family Housing Operation and Maintenance, Air Force

      The conference agreement appropriates $853,384,000 for 
Family Housing Operation and Maintenance, Air Force, instead of 
$854,666,000 as proposed by the House and $856,114,000 as 
proposed by the Senate. The reduction from the President's 
request shall not be construed as prohibiting any routine or 
emergency repair and maintenance work for general officer 
quarters.

               Family Housing Construction, Defense-Wide

      The conference agreement appropriates $49,000 for Family 
Housing Construction, Defense-Wide as proposed by both the 
House and the Senate.

         Family Housing Operation and Maintenance, Defense-Wide

      The conference agreement appropriates $49,575,000 for 
Family Housing Operation and Maintenance, Defense-Wide as 
proposed by both the House and the Senate.

         Department of Defense Family Housing Improvement Fund

                        (INCLUDING RESCISSIONS)

      The conference agreement appropriates $2,500,000 for the 
Department of Defense Family Housing Improvement Fund as 
proposed by both the House and the Senate. The conference 
agreement also rescinds $19,109,000 from funds previously 
provided to this account. The Department of Defense has 
identified these funds as no longer being necessary to complete 
the projects in the following table. It is the understanding of 
the conferees that the rescissions will not affect the projects 
for which they were appropriated.


          Chemical Demilitarization Construction, Defense-Wide

      The conference agreement appropriates $81,886,000 for 
Chemical Demilitarization Construction, Defense-Wide as 
proposed by both the House and the Senate.

                  Base Realignment and Closure Account

      The conference agreement appropriates $246,116,000 for 
the Base Realignment and Closure Account as proposed by both 
the House and Senate.

                           General Provisions

      The conference agreement includes general provisions 
(sections 101-103, 105-119, 121-123, 125, and 126) that were 
not amended by either the House or Senate.
      The conference agreement includes section 104 as proposed 
by the House to prohibit construction of new bases in the 
United States without a specific appropriation. The Senate bill 
contained a similar provision, but limited the prohibition to 
the continental United States.
      The conference agreement includes section 120 as proposed 
by the Senate to allow the transfer of funds only from the 
Family Housing, Construction accounts to the Family Housing 
Improvement Fund and to allow the transfer of funds from the 
construction of military unaccompanied housing to the Military 
Unaccompanied Housing Improvement Fund. The House bill 
contained a similar provision, but only for the transfer of 
funds from the Family Housing, Construction accounts to the 
Family Housing Improvement Fund.
      The conference agreement includes section 124 as proposed 
by the Senate to limit the maintenance and repair of any 
general or flag officer quarters to $35,000 per year without 30 
days advance notification. The House bill contained a similar 
provision, but limited such maintenance and repairs to $20,000.
      The conference agreement includes a provision (section 
127) as proposed by the Senate to change the due date of a 
report by the Overseas Basing Commission. The House bill 
contained no similar provision.
      The conference agreement includes a provision (section 
128) as proposed by the House to require the Department of 
Defense to respond to a question or inquiry, in writing, within 
21 days of the request. The Senate bill contained no similar 
provision.
      The conference agreement includes a provision (section 
129) as proposed by the Senate to make funds in the Ford Island 
Improvement Fund available until expended. The House bill 
contained no similar provision.
      The conference agreement includes a provision (section 
130) as proposed by the House to name a fitness center at 
Homestead Air Reserve Base, Florida. The Senate bill contained 
no similar provision.
      The conference agreement includes a modified Senate 
provision (section 131) to give the Secretary of Agriculture 
the right of first refusal to negotiate over the disposal of 
land at Fort Hunter Liggett, California, determined to be in 
excess of military needs. If and when the property is 
transferred into the National Forest System, the conferees 
expect the Department of the Army to comply with all pertinent 
environmental regulations pertaining to the remediation of the 
land. The House bill contained no similar provision.
      The conference agreement includes a new provision 
(section 132) to identify the Congressional Committees that are 
to receive all reports and notifications required by this 
division.
      The conference agreement does not include a provision 
proposed by the House to allow the transfer of expired funds to 
the Foreign Currency Fluctuation, Construction, Defense 
account. The Senate bill contained no similar provision.
      The conference agreement does not include a provision 
proposed by the Senate to require a report on the impacts on 
the military family housing program under the current Military 
Housing Privatization Initiative. The House bill contained no 
similar provision.
      The conference agreement does not include a provision 
proposed by the Senate to provide funding to the Overseas 
Basing Commission. The House bill contained no similar 
provision.


    DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HURRICANE 
                     DISASTERS ASSISTANCE ACT, 2005

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency

                     EMERGENCY CONSERVATION PROGRAM

      The conference agreement provides an additional 
$100,000,000 for ``Emergency Conservation Program,'' for 
expenses resulting from natural disasters, to remain available 
until expended.

                 Natural Resources Conservation Service

                 emergency watershed protection program

      The conference agreement provides an additional 
$250,000,000 for ``Emergency Watershed Protection Program'' to 
repair damages to the waterways and watersheds resulting from 
natural disasters, to remain available until expended.

                           Rural Development

                  RURAL COMMUNITY ADVANCEMENT PROGRAM

      The conference agreement provides an additional 
$68,000,000 for the ``Rural Community Advancement Program'', to 
repair damages to water and waste disposal systems and 
community facilities resulting from natural disasters, to 
remain available until expended. The conference agreement 
provides that $50,000,000 shall be available for water and 
waste disposal grants, and $18,000,000 shall be available for 
community facility direct loans and grants. Funds provided 
under this heading shall be in addition to a state's regular 
program allocation.

                         Rural Housing Service

              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

      The conference agreement provides an additional 
$5,000,000 in budget authority, which supports an estimated 
loan level of $17,000,000 for the section 504 direct housing 
repair and rehabilitation program as authorized by title V of 
the Housing Act of 1949, for damages resulting from natural 
disasters, to be available from funds in the rural housing 
insurance fund, for direct loans to section 504 borrowers. 
Funds provided under this heading shall be in addition to a 
state's regular program allocation.

                    RURAL HOUSING ASSISTANCE GRANTS

      The conference agreement provides an additional 
$13,000,000 for ``Rural Housing Assistance Grants'', to remain 
available until expended, for damages resulting from natural 
disasters, of which $8,000,000 shall be for grants and 
contracts for very low-income housing repair, made by the Rural 
Housing Service, and of which $5,000,000 shall be for domestic 
farm labor housing grants and contracts. Funds provided under 
this heading shall be in addition to a state's regular program 
allocation.

                           General Provisions

      Sec. 101. The conference agreement provides supplemental 
disaster assistance for losses due to hurricanes and tropical 
storms, including related conditions such as flooding. The 
conference agreement provides funding for losses under current 
law including, but are not limited to: cotton, peanuts, 
tobacco, clams, oysters and other shellfish, hay and forage, 
sod, tropical aquaculture, shrimp, lobster and other fish. The 
conference agreement includes a provision to offset the cost of 
this program.
      Sec. 102. The conference agreement provides supplemental 
disaster assistance to compensate first processors and 
producers for losses due to hurricanes and tropical storms.
      Sec. 103. The conference agreement provides that the 
Secretary of Agriculture shall carry out a dairy loss program.
      Sec. 104. The conference agreement provides that the 
Secretary of Agriculture shall carry out a cottonseed 
assistance program. The conferees expect the Secretary to 
distribute the funds in a similar manner to that utilized 
previously to deliver the cottonseed assistance.
      Sec. 105. The conference agreement provides that certain 
sections are to remain available until expended and are 
designated as an emergency requirement.
      Sec. 106. The conference agreement provides that certain 
communities in Burlington and Camden Counties (NJ), affected by 
the 1,000-year flood which occurred on July 12, 2004, are 
deemed to be rural areas during fiscal year 2005 for certain 
rural development programs.
      Sec. 107. The conference agreement authorizes financial 
and technical assistance to the Hope Mills Dam (NC) project.
      Sec. 108. The conference agreement provides $90,000,000 
to the fund established by section 32 of the Act of August 24, 
1935 (7 U.S.C. 612c), to make payments with respect to 2004 
hurricane losses.
      Sec. 109. The conference agreement provides not more than 
$4,000,000 for the Farm Service Agency to cover administrative 
expenses associated with the implementation of sections 101 and 
102 of this chapter.
      Sec. 110. The conference agreement provides $10,000,000 
to provide assistance for timber losses.
      Sec. 111. The conference agreement provides $8,500,000 
for assistance to pecan producers.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         Federal Prison System

                         SALARIES AND EXPENSES

      The conference agreement includes $5,500,000 for the 
Salaries and Expenses account of the Federal Prison System. The 
conferees understand that the amounts provided will fund 
salaries and other expenses related to repairing and replacing 
roofs and fences, cleaning up prison facilities, detailing 
medical staff to assist disaster victims, and transporting and 
relocating almost 5,000 Federal inmates from institutions 
affected by Hurricane Ivan and related storms.

                         Federal Prison System

                        BUILDINGS AND FACILITIES

      The conference agreement includes $18,600,000 for the 
Buildings and Facilities account of the Federal Prison System. 
The conferees understand that the amounts provided will fund 
roof repair, building and perimeter fence repair and 
replacement, and clean-up activities at numerous Federal prison 
facilities in Florida, Alabama, and Georgia that sustained 
damage in Hurricane Ivan and related severe storms.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

                  OPERATIONS, RESEARCH, AND FACILITIES

      The conference agreement includes $16,900,000 for the 
Operations, Research and Facilities account of the National 
Oceanic and Atmospheric Administration. The conference 
agreement supports $1,200,000 to address damage to National 
Oceanic and Atmospheric Administration facilities and assets, 
including repairs for laboratory facilities, weather radio 
towers, and marine buoys, as well as costs associated with 
hurricane preparations; $2,900,000 to address impacts to 
endangered species, including assessment and restoration 
efforts for impaired habitat and Endangered Species Act 
responsibilities associated with disaster cleanup; $9,000,000 
for reseeding, rehabilitation and restoration of oyster reefs 
in Alabama, Florida, Louisiana, and Mississippi due to damage 
from Hurricane Ivan; and $3,800,000 to address hurricane 
forecasting needs.

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration

               PROCUREMENT, ACQUISITION AND CONSTRUCTION

      The conference agreement includes $3,800,000 for the 
Procurement, Acquisition and Construction account of the 
National Oceanic and Atmospheric Administration. The conference 
agreement provides $300,000 for hurricane prediction technology 
requirements and $3,500,000 for airborne Doppler radar used for 
hurricane precipitation and wind field forecasting.

                     Small Business Administration

                     DISASTER LOANS PROGRAM ACCOUNT

      The conference agreement includes $929,000,000 for the 
Disaster Loans Program Account for loan subsidy costs and 
associated administrative expenses. The amounts provided will 
allow the Small Business Administration (SBA) to make disaster 
loans to individuals and businesses in the wake of Hurricanes 
Charley, Frances, Ivan, Jeanne, and other natural disasters. 
The conferees understand that the funding requirements for 
these storms will far exceed the five-year average of disaster 
loan-making activity resulting in the necessity for emergency 
appropriations. The amounts provided will allow the SBA to make 
approximately $5,500,000,000 of loans to individuals and 
businesses.

                               CHAPTER 3

                         DEPARTMENT OF DEFENSE

                    Department of Defense--Military

      Chapter 3 of the conference agreement recommends 
$909,400,000 for the Department of Defense in support of 
specific security, temporary relocation,cleanup, repair, and 
other related activities taken by the military services and defense 
activities in preparation for and recovery from Hurricanes Charley, 
Frances, Ivan, and Jeanne, Tropical Storm Bonnie, and other natural 
disasters.
      Within the total amount provided, $762,800,000 is 
provided to the operation and maintenance appropriations for 
cleanup and repair of storm damage. Of this amount, the 
conferees have provided $662,800,000 directly to the military 
services and the Defense Health Program to meet the most 
immediate and urgent needs.
      The conferees recommend $100,000,000 for the Operation 
and Maintenance, Defense-Wide account, with transfer authority 
available to the Secretary of Defense to maximize the 
Department of Defense's capability to allocate funds in the 
proper amounts and accounts. The Secretary of Defense may 
transfer these funds to appropriations for military personnel; 
operation and maintenance; the Defense Health Program; and 
working capital funds. Fifteen days prior written notification 
to the congressional defense committees is required before 
making transfers.
      The conferees have provided $140,000,000 in the 
Procurement, Defense-Wide account with the authority to 
transfer funds to other accounts. These funds may be 
transferred to appropriations for operation and maintenance; 
procurement; and research, development, test and evaluation. 
Fifteen days prior written notification to the congressional 
defense committees is required. The conferees have directed 
five transfers of funds from the Procurement, Defense-Wide 
account, to other procurement and research and development 
accounts, to support specific purposes related to recovery from 
hurricanes, tropical storms and other natural disasters.
      The following table provides details of the supplemental 
appropriations in this chapter.


                    Chapter 3 Reporting Requirements

      The conferees direct the Secretary of Defense during 
fiscal year 2005 to submit to the congressional defense 
committees no later than December 1, 2004, a quarterly 
comprehensive report on the distribution of funds by account 
and the purposes for which the funds have been used. This 
report shall detail both actual and projected obligations of 
appropriations provided in this chapter.

                       Personnel Evacuation Costs

      The President requested $12,125,000 to cover costs 
associated with the evacuation of military dependents during 
the recent hurricanes. The conferees provide the flexibility to 
reimburse the Services for fiscal year 2004 military personnel 
costs from funds provided in Operation and Maintenance, 
Defense-Wide, in order to preclude an Anti-deficiency Act 
violation in the Military Personnel accounts.

                      Delaware Air National Guard

      The conferees are aware of recent storm damage to 
facilities and equipment at the Air National Guard Headquarters 
in New Castle, Delaware. The conferees are aware that estimates 
of damages are still being assessed, and have provided the 
flexibility from funds made available in Operation and 
Maintenance, Defense-Wide and Procurement, Defense-Wide to 
repair facilities and repair or replace aircraft damaged in the 
tornado.

                 M-4 RIFLE REQUIREMENTS FOR OIF AND OEF

      The conferees strongly encourage the Department of 
Defense to address current wartime needs for M-4 rifles and 
direct the Army to provide a report to the congressional 
defense committees outlining the requirements for M-4 rifles 
with respect to future Operation Iraqi Freedom and Operation 
Enduring Freedom deployments. This report should be submitted 
no later than November 15, 2004.

                         XM-8 FAMILY OF WEAPONS

      The conferees support the Army's plans to begin fielding 
the XM-8 as the eventual replacement for the M-16 and M-4 
families of weapons. Accordingly, the conferees strongly 
encourage the Department of Defense to accelerate the fielding 
of the XM-8 family of weapons from funds provided in the 
Department of Defense Appropriations Act for fiscal year 2005 
(Public Law 180-287). The conferees direct the Army to provide 
a report to the congressional defense committees, not later 
than November 15, 2004, on plans to begin fielding the XM-8 
family of weapons.

            FORCE PROTECTION UPGRADES FOR EUROPEAN HOSPITALS

      The conferees are aware of significant force protection 
and facility code requirements at Landstuhl Army Medical 
Center, Naval Hospital Sigonella and Naval Hospital Rota. The 
conferees recommend and encourage the Department of Defense to 
fund these urgent upgrades needed to continue providing quality 
patient protection.

                    General Provisions--This Chapter

      The conferees include a new general provision which 
provides that appropriations provided in this chapter are 
available for obligation until September 30, 2005, unless 
otherwise so provided.
      The conferees include a new general provision which 
provides that funds appropriated in this chapter, or made 
available by the transfer of funds in or pursuant to this 
chapter, for intelligence activities are deemed to be 
authorized for purposes of section 504 of the National Security 
Act of 1947.
      The conferees include a new general provision which 
prohibits the use of funds provided in this chapter to finance 
programs or activities denied by Congress for fiscal years 2004 
or 2005 and requires written notification prior to initiating 
new start programs.
      The conferees include a new general provision which 
amends Section 8007 of the Department of Defense Appropriations 
Act, 2005 (Public Law 108-287), by striking the words ``in 
session''.
      In the classified annex accompanying Public Law 108-287, 
the conferees provided certain guidance regarding Section 
8090(b) of said Act. The conferees express their intent to 
further address the issues raised in that annex in subsequent 
fiscal year 2005 appropriations legislation.
      The conferees include a new general provision which 
provides the Secretary of Defense with $200,000,000 in 
additional transfer authority, only for funds in this chapter, 
and only to meet hurricane and other natural disaster-related 
expenses.
      The conferees include a new general provision which 
amends action 9010(b) of the Department of Defense 
Appropriations Act for a citation change.
      The conferees include a new general provision which makes 
certain technical adjustments, transfers funds, and adjusts 
restrictions in the Department of Defense Appropriations Act, 
2005 (Public Law 108-287). The general provision increases the 
number of armored passenger vehicles that may be purchased 
under Other Procurement, Army from 1 to 21; increases the 
maximum allowable cost from $200,000 to $275,000; and provides 
that vehicles purchased in excess of one may only be in direct 
support of force protection requirements. Additionally, it 
directs the following transfers of funds.
      To: ``Research, Development, Test and Evaluation, 
Defense-Wide, 2005/2006'', $5,950,000, only for the National 
Media Exploitation Center for improved data and media capture, 
transformation and categorization activities;
      From: ``Operation and Maintenance, Army'', $5,950,000.
      To: ``Procurement, Marine Corps, 2005/2007'', $7,000,000, 
only for purchasing additional force protection x-ray imaging 
units for deployment to the Iraqi theater of operations.
      From: ``Operation and Maintenance, Marine Corps'', as 
provided in title IX of Public law 108-287, $7,000,000.
      To: The Department of Veterans Affairs, under the 
heading, ``Medical Services'', $500,000 only to allow White 
River Junction-Fort Ethan Allen Community Based Outpatient 
Clinic and the Vermont National Guard to purchase Veterans 
Administration health care services that provide Guardsmen and 
their family members the utmost in-patient care.
      From: ``Defense Health Program'', Operation and 
Maintenance, $500,000, from an appropriation in House Report 
108-622 for the same purposes.
      To: ``Operation and Maintenance, Army National Guard'', 
$1,400,000, only for the Construction Transition Program, as 
described in House Report 108-283.
      From: ``Operation and Maintenance, Army'', $1,400,000.
      In addition, this provision amends Section 9014 of Public 
Law 108-287 to make clear the intent of the conferees this 
section's authority providing the Secretary of Defense with 
discretionary authority to present patriotic materials, 
including a United States flag, to military personnel who 
participate in Operation Enduring Freedom or Operation Iraqi 
Freedom.
      The conferees include a new general provision which 
increases the authority provided in section 9007 of Public Law 
108-287 for the Commanders' Emergency Response Program (CERP) 
from $300,000,000 to $500,000,000.
      The conferees include a new general provision to make a 
technical adjustment to section 9006 of Public Law 108-287 to 
clarify a definition to include the Iraqi Armed Forces.

                               CHAPTER 4

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                         GENERAL INVESTIGATIONS

      The conference agreement provides for an additional 
$400,000 for General Investigations to update studies where 
necessitated by storm damage to shore protection projects, 
including the feasibility study for Walton County, Florida.

                         CONSTRUCTION, GENERAL

      The conference agreement provides an additional 
$62,600,000 for Construction, General to provide for the repair 
of storm damage to authorized shore protection projects, and 
for time-sensitive data collection and analysis of the 
performance of shore protection projects, including the 
development of a three-dimensional physics-based analytical 
model.

 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, 
        KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE

      The conference agreement provides for an additional 
$6,000,000 for Flood Control, Mississippi River and 
Tributaries, for levee and revetment repair and for emergency 
dredging.

                   OPERATION AND MAINTENANCE, GENERAL

      The conference agreement provides for an additional 
$145,400,000 for Operation and Maintenance, General for repair 
of storm damage to authorized projects.

                 FLOOD CONTROL AND COASTAL EMERGENCIES

      The conference agreement provides for an additional 
$148,000,000 for Flood Control and Coastal Emergencies for 
emergency expenses for repair of damage to flood control and 
hurricane shore protection projects by storms and other natural 
disasters. Funding for the Flood Control and Coastal 
Emergencies appropriation account includes funds to restore 
flood control and hurricane shore protection projects to their 
pre-storm condition.

                               CHAPTER 5

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

           United States Agency for International Development

              INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

      The conference agreement appropriates $100,000,000 for 
necessary expenses to respond to the disasters caused by 
hurricanes and tropical storms in the Caribbean region. 
Language is included designating funding for emergency and 
overseas contingency operations.
      The funds appropriated by this paragraph are made 
available notwithstanding section 10 of Public Law 91-672 and 
section 15 of the State Department Basic Authorities Act of 
1956.

                               CHAPTER 6

                    DEPARTMENT OF HOMELAND SECURITY

                       United States Coast Guard

                           OPERATING EXPENSES

      The conferees agree to provide $33,367,310 for expenses 
resulting from the recent natural disasters in the southeastern 
United States, such as Hurricanes Charley, Frances, Ivan, and 
Jeanne. Funds are available until expended.

                  Emergency Preparedness and Response

                            DISASTER RELIEF

      The conferees agree to provide an additional 
$6,500,000,000 for disaster relief activities associated with 
declared disasters, such as Hurricanes Frances, Ivan, and 
Jeanne. Funds are available until expended.
      The conferees direct the Emergency Preparedness and 
Response (EP&R) Directorate to work with Putnam County, 
Illinois, to ensure the costs for damage caused by the tornado 
of April 2004, which are not covered by insurance and eligible 
under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), are promptly paid; to 
work with the City of Asheville, North Carolina, to ensure that 
the costs for damage caused by Hurricane Frances, which are 
eligible under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.), are promptly 
paid; and to provide the City of Paso Robles, California, with 
compensation sufficient to conduct the repairs and retrofitting 
necessary, as a result of the damage sustained in the 2003 San 
Simeon earthquake, to bring the Carnegie Library into 
compliance with current, rather than 1907, state and local 
building codes and access laws. Furthermore, the conferees 
agree with the cost estimates and findings in the June 28, 2004 
report done by Lotus General Contractors, Inc., with regard to 
the damages sustained to the main building at Flamson Middle 
School in the City of Paso Robles, California, as a direct 
result of the 2003 San Simeon earthquake, and direct EP&R to 
use that information to calculate the compensation to be 
provided under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.) to the Paso 
Robles Joint Unified School District. The conferees also 
encourage EP&R to work to ensure that the counties of West 
Virginia receive such assistance as necessary and appropriate 
to compensate those homeowners and businesses in the federally 
declared disaster area impacted by the remnants of Hurricane 
Ivan.
      The conferees note the availability of section 404 hazard 
mitigation grant funding for mitigation projects, including 
buy-outs of flood-damaged properties, for the states of 
Nebraska, North Carolina, Maryland, Delaware, and Indiana. The 
conferees direct EP&R to work with these states to ensure that 
the counties in those states, which are eligible under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.), receive such assistance as necessary 
and appropriate to compensate homeowners and businesses in the 
federally declared disaster area. The conferees are also aware 
that specific communities in Florida have significant amounts 
of debris as a result of hurricanes Charley, Frances, Ivan and 
Jeanne. The Department of Homeland Security's Federal Emergency 
Management Agency (FEMA) has authority under sections 206.223 
and 206.224 of title 44, Code of Federal Regulations and 
internal guidance to make determinations as to the eligibility 
of removal of debris from private property. The conferees 
direct FEMA to use its authority to reimburse local governments 
for debris removal on privately-owned lands upon finding it is 
necessary to eliminate an immediate threat to life, public 
health and safety.
      The conferees are aware that funding of activities 
related to previous federally declared disasters in fiscal 
years 2003 and 2004 has been temporarily suspended due to the 
high volume of new federal disasters declared in August and 
September. This includes disasters outside of the hurricane 
area and areas where there is a lack of rain. The supplemental 
appropriations provided are sufficient to not only meet recent 
disaster needs but also to fully restore funding for ongoing 
and new projects. The conferees direct EP&R to proceed as 
quickly as possible to fund all halted or postponed projects, 
within funds available, and to submit a comprehensive report on 
the status of any unfunded disaster relief project to the House 
and Senate Committees on Appropriations no later than February 
15, 2005.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service

                              CONSTRUCTION

      The conference agreement provides an additional 
$40,552,000 for Construction, to address damages related to 
hurricanes and flooding events. While much of the funding is 
for damages in Florida, several States and Puerto Rico are 
covered by this appropriation.

                         National Park Service

                              CONSTRUCTION

      The conference agreement provides an additional 
$50,802,000 for Construction, to address damages related to 
hurricanes and flooding events, primarily in Florida, North 
Carolina, and Tennessee.

                    United States Geological Survey

                 SURVEYS, INVESTIGATIONS, AND RESEARCH

      The conference agreement provides an additional 
$1,000,000 for Surveys, Investigations, and Research, to 
address damages related to hurricanes and flooding events.

                             RELATED AGENCY

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                       STATE AND PRIVATE FORESTRY

      The conference agreement provides an additional 
$49,100,000 for State and Private Forestry, to address damages 
related to hurricanes and flooding events, primarily in 
Florida. Based on current estimates, the conference agreement 
assumes that this funding includes $2,100,000 for forest health 
management, $10,000,000 for forest stewardship, $16,000,000 for 
State fire assistance, $4,000,000 for volunteer fire 
assistance, and $17,000,000 for urban and community forestry 
assistance. The Forest Service should notify the House and 
Senate Committees on Appropriations if the final storm 
assessments indicate that these funding levels need to be 
adjusted by more than twenty percent.

                         NATIONAL FOREST SYSTEM

      The conference agreement provides an additional 
$12,153,000 for National Forest System, to address damages 
related to hurricanes and flooding events in Florida, North 
Carolina, South Carolina, Tennessee, Georgia, Alabama, Puerto 
Rico, Mississippi, and Virginia. Based on current estimates, 
the conference agreement assumes that this funding includes the 
following funding by activity: $1,842,000 for forest products; 
$1,073,000 for wildlife and fish management; $1,686,000 for 
recreation; $200,000 for inventory and monitoring; $5,909,000 
for vegetation and watershed management; and $1,443,000 for 
lands management. The Forest Service should notify the House 
and Senate Committees on Appropriations if the final storm 
assessments indicate that these funding levels need to be 
adjusted by more than twenty percent.

                        WILDLAND FIRE MANAGEMENT

      The conference agreement provides an additional 
$1,028,000 for Wildland Fire Management, to address damages 
related to hurricanes and flooding events.

                  CAPITAL IMPROVEMENT AND MAINTENANCE

      The conference agreement provides an additional 
$50,815,000 for Capital Improvement and Maintenance, to address 
damages related to hurricanes and flooding events in Florida, 
North Carolina, South Carolina, Tennessee, Georgia, Alabama, 
Puerto Rico, Mississippi, and Virginia. Based on current 
estimates, the conference agreement assumes that this funding 
includes the following funding by activity: $34,118,000 for 
roads; $8,036,000 for trails; and $8,661,000 facilities. The 
Forest Service should notify the House and Senate Committees on 
Appropriations if the final storm assessments indicate that 
these funding levels need to be adjusted by more than twenty 
percent.

                               CHAPTER 8

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                        Departmental Management

            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

      The conference agreement includes a supplemental 
appropriation of $50,000,000 for the Public Health and Social 
Services Emergency Fund. This additional amount is for 
hurricane response and relief to aging Americans, children, 
families, persons with disabilities, low-income individuals, 
and the communities in which they live. The conferees 
understand that uses include, but are not limited to, helping 
provide nutritional, medical, and social services to affected 
elderly individuals; providing social services support to 
communities most affected by Hurricanes Charley, Frances, Ivan, 
and Jeanne; making available counseling services; helping 
offset the increase in un-reimbursed health care in affected 
communities; and addressing storm damage at community health 
centers in impacted areas.
      The conferees request that the Secretary report to the 
Committees on Appropriations of the House of Representatives 
and the Senate on disbursement of these funds within 90 days of 
enactment of this Act. The report should include a table 
listing the governments and organizations that received grants 
or other direct assistance from these funds, showing the amount 
and purpose of each grant or other form of assistance. It 
should also include a description of any other uses of these 
funds, such as activities undertaken directly by the 
Department.

                               CHAPTER 9

                         DEPARTMENT OF DEFENSE

                         Military Construction

              MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

      The conference agreement provides $138,800,000 for 
Military Construction, Navy and Marine Corps. These funds are 
for costs associated with the repair, restoration, or 
replacement of several facilities damaged or destroyed by 
Hurricane Ivan at the Pensacola Naval Air Station, Florida. The 
conference agreement recognizes that replacement of certain 
facilities may be more advantageous than repair or restoration, 
but the emergency funds provided are intended to meet capacity 
that existed before the hurricane, not to meet new 
requirements. In the event the Secretary of the Navy determines 
that replacement, rather than repair or restoration, of damaged 
facilities is warranted, the Secretary is required to provide 
notification to Congress fourteen days before funds are 
obligated for the replacement construction project.

                  MILITARY CONSTRUCTION, ARMY RESERVE

      The conference agreement provides $8,700,000 for Military 
Construction, Army Reserve. These funds are for costs 
associated with rebuilding a reserve center damaged by 
Hurricane Ivan in Pensacola, Florida.

             FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

      The conference agreement provides $1,200,000 for Family 
Housing Operation and Maintenance, Army. These funds are for 
costs associated with housing repairs at facilities damaged by 
natural disasters.

    FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND MARINE CORPS

      The conference agreement provides $9,100,000 for Family 
Housing Operation and Maintenance, Navy and Marine Corps. These 
funds are for costs associated with housing repairs at 
facilities damaged by natural disasters.

          FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

      The conference agreement provides $11,400,000 for Family 
Housing Operation and Maintenance, Air Force. These funds are 
for costs associated with housing repairs at facilities damaged 
by natural disasters.

                  BASE REALIGNMENT AND CLOSURE ACCOUNT

      The conference agreement provides $50,000 to be deposited 
into the Department of Defense Base Closure Account 1990. These 
funds are for costs associated with the repair of a perimeter 
fence destroyed by Hurricane Ivan at Naval Activity Puerto 
Rico.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                        FACILITIES AND EQUIPMENT

                    (AIRPORT AND AIRWAY TRUST FUND)

      The conferees provide $5,100,000 for FAA ``Facilities and 
equipment'', to address expenses resulting from hurricanes 
Charley, Frances, Ivan, and Jeanne in the southeastern United 
States. The Administration requested the same amount under FAA 
``Operations''. This funding is consistent with FAA's initial 
estimates of damage to radars, navigation and communications 
equipment, air traffic control towers, and other facilities. 
Funds are designated as an emergency requirement, to be derived 
from the airport and airway trust fund, and made available 
until expended.

                    EMERGENCY ASSISTANCE TO AIRPORTS

                    (AIRPORT AND AIRWAY TRUST FUND)

      The conferees provide $25,000,000 for FAA ``Emergency 
assistance to airports'', to reimburse public use airports for 
unanticipated capital expenses resulting from hurricanes 
Charley, Frances, Ivan, and Jeanne in the southeastern United 
States. Funds are designated as an emergency requirement, to be 
derived from the airport and airway trust fund, and made 
available until expended. The distribution of these funds is at 
the discretion of the Administrator of the Federal Aviation 
Administration.

                     Federal Highway Administration

             FEDERAL AID HIGHWAYS EMERGENCY RELIEF PROGRAM

                          (HIGHWAY TRUST FUND)

      The conferees provide $1,202,000,000 to fund emergency 
expenses resulting from hurricanes Charley, Frances, Gaston, 
Ivan, and Jeanne, and other eligible activities authorized by 
23 U.S.C. 125. Funds are to be derived from the highway trust 
fund and made available until expended. The bill provides 
funding to respond to the backlog of emergency needs arising 
largely from natural disasters in 2004 and prior years. As 
requested, the conference agreement exempts expenses for 
projects related to hurricanes Charley, Frances, Ivan, and 
Jeanne from the statutory cap of $100,000,000 per disaster, per 
state, because current estimates indicate that valid needs may 
exceed that cap. Consistent with the purpose of these funds, 
the entire amount has been designated as an emergency 
requirement pursuant to section 402 of S. Con. Res. 95.

                   Executive Office of the President

                          UNANTICIPATED NEEDS

      The conferees provide $70,000,000, as requested, for 
``Unanticipated Needs'', to reimburse the American Red Cross 
for reimbursement of disaster relief and recovery expenses and 
emergency services associated with hurricanes Charley, Frances, 
Ivan, and Jeanne. The appropriation designates such expenses as 
an emergency requirement; stipulates that funds may be 
disbursed to any authorized federal agency; limits agency 
administrative costs to 3 percent; and requires the head of the 
U.S. Government Accountability Office to audit the use of such 
funds.

                               CHAPTER 11

                     DEPARTMENT OF VETERANS AFFAIRS

                     Veterans Health Administration

                            MEDICAL SERVICES

      The conferees have provided $38,283,000 for medical 
services for hurricane and tropical storm related expenses. The 
amount provided is the same as the amount requested by the 
President.

                         MEDICAL ADMINISTRATION

      The conferees have provided $1,940,000 for medical 
administration for expenses incurred in response to hurricane 
relief efforts and other expenses. The amount provided is the 
same as the amount requested by the President.

                           MEDICAL FACILITIES

      The conferees have provided $46,909,000 for medical 
facilities for hurricane and tropical storm related expenses at 
VA facilities. The amount provided is the same as the amount 
requested by the President.

                      Departmental Administration

                       GENERAL OPERATING EXPENSES

      The conferees have provided $545,000 for general 
operating expenses. The amount provided is the same as 
requested by the President.

                    NATIONAL CEMETERY ADMINISTRATION

      The conferees have provided $50,000 for the National 
Cemetery Administration for clean-up and repairs at national 
cemeteries damaged during hurricanes and related tropical 
storms. The amount provided is the same as requested by the 
President.

                      CONSTRUCTION, MINOR PROJECTS

      The conferees have provided $36,343,000 for construction, 
minor projects to support repairs to VA facilities damaged 
during hurricanes and related tropical storms. The amount 
provided is the same as requested by the President.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       COMMUNITY DEVELOPMENT FUND

      The agreement provides $150,000,000 for disaster relief, 
long-term recovery, and mitigation in communities affected by 
disasters designated by the President between August 31, 2003 
and October 1, 2004. The amount has been designated by the 
President as an emergency requirement.
      In allocating these funds, the Department of Housing and 
Urban Development should work closely with the Federal 
Emergency Management Agency to ensure that these funds are used 
solely for disaster relief and are provided to areas facing the 
greatest need. The conferees direct HUD, prior to the 
allocation of funds, to provide the Committees on 
Appropriations with an explanation of the purpose for which 
funds are requested and how the activity or program was 
affected by the disaster. In addition, HUD is to continue to 
provide the Committees with quarterly reports on the use of 
CDBG funds provided for disaster relief.

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                        BUILDINGS AND FACILITIES

      The conferees have included $3,000,000 for the repair of 
the Environmental Protection Agency's Gulf Ecology Division 
Facilities in Gulf Breeze, Florida.

             National Aeronautics and Space Administration

                       SPACE FLIGHT CAPABILITIES

      The conferees have provided a total of $126,000,000 for 
repair of NASA facilities damaged during recent hurricanes and 
related events. The amount provided is the same as the budget 
request.

                    General Provision--This Chapter

                          (TRANSFER OF FUNDS)

      The conferees have included a general provision which 
provides authority for the Secretary of Veterans Affairs to 
transfer funds from ``Medical services'' to ``General operating 
expenses'' for the purpose of expediting the processing of 
benefits claims.

                               CHAPTER 12

                      General Provision--This Act

      The conference agreement includes section 1201, regarding 
the availability of funds.

                         Emergency Designations

      For purposes of section 402 of S. Con. Res. 95 (108th 
Congress), as made applicable to the House of Representatives 
by H. Res. 649 (108th Congress) and applicable to the Senate by 
section 14007 of Public Law 108-287, funds appropriated in this 
Division are provided in response to a situation which poses a 
direct threat to life and property, is sudden, is an urgent and 
compelling need, is unpredictable, and is not permanent in 
nature.

                                   Joe Knollenberg,
                                   James T. Walsh,
                                   Robert B. Aderholt,
                                   Kay Granger,
                                   Virgil Goode,
                                   David Vitter,
                                   Jack Kingston,
                                   Ander Crenshaw,
                                   Bill Young,
                                   Chet Edwards,
                                   Sam Farr,
                                   Allen Boyd,
                                   Sanford D. Bishop, Jr.,
                                   Norman D. Dicks,
                                 Managers on the Part of the House.

                                   Kay Bailey Hutchison,
                                   Conrad Burns,
                                   Larry E. Craig,
                                   Mike DeWine,
                                   Sam Brownback,
                                   Ted Stevens,
                                   Dianne Feinstein,
                                   Daniel K. Inouye,
                                   Tim Johnson,
                                   Mary L. Landrieu,
                                   Robert C. Byrd,
                                Managers on the Part of the Senate.

                                  
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